§ 5.05.09. Communications Towers

A.

Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers ; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers ; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety.

B.

Definitions unique to communications towers , section 5.05.09.

1.

As used herein " antenna " does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches.

2.

Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved.

3.

Lesser effective radius means an approved radius of less than 6 miles.

4.

" Unavailable to the applicant " means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower , antenna, and related facilities.

5.

" Unavailable " means that no additional tower or site capacity is available to anyone.

C.

Migratory Birds and other Wildlife Considerations.

1.

Ground Mounted towers . Except to the extent not feasible for the respective new ground mounted tower 's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade , exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower .

2.

Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade , exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds).

3.

Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances.

4.

Security Lighting . When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint.

D.

Shared use of towers . A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments.

1.

For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers , within the effective radius, that can possibly accommodate the needs of the applicant . The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant . A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants , the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers . If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant . If the old tower is a nonconforming structure , additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower , and the height of the tower inclusive of its antennas may not be increased.

2.

Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant , the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case.

3.

If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant , the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower . Such information shall also be provided for old towers to the extent it can be obtained.

Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height.

Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason.

If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant .

4.

The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment:

a.

All output frequencies of transmitter.

b.

Type of modulation, polarization of radiation, and proposed use of antenna.

c.

Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications.

d.

Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator.

e.

Range in feet of maximum and minimum height of antenna above base of tower .

f.

A list of necessary ancillary equipment and description of the type of transmission cable to be used.

g.

Any other pertinent information needed to enable the owner to respond in full to the inquiry.

E.

Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments.

1.

Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant , the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant .

2.

For each such possibly available tower site, the application for a new tower site shall not be complete without the following information:

a.

Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features.

b.

Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs.

c.

If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant .

d.

The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower , and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following:

e.

tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the tower structure shall be included.

f.

Total anticipated capacity of the tower , including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same.

g.

Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers , a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E), or its successor functional equivalent, as may be amended for local application.

3.

If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant . To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up-to-date, the plan shall be brought up-to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date.

4.

No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower , unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower , no such document shall prevent other towers , except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval.

F.

Required sharing. Each new tower in excess of 185 feet in height (shared use tower ), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower .

1.

Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers , ancillary equipment, and accessory uses . Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section.

2.

Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower , the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconforming structure . If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space.

3.

Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space.

4.

Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided:

a.

Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower , whichever is less;

b.

The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application;

c.

A shared use plan covering the tower with the increased height is first approved by the County Manager or designee;

d.

The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming ;

e.

Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and

f.

A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building .

5.

Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval.

6.

Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity.

7.

Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment.

8.

Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure . The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming . The shared use plan shall be immediately updated to reflect each change.

9.

For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower , the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee.

10.

For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee.

11.

Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant . Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date.

12.

The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan.

13.

All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower . All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site.

G.

Development standards for communication towers .

1.

Except to the extent that amateur radio towers , and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified essential service listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use.

2.

Permitted ground-mounted towers . Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00.

a.

All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 ½) times the height of the tower .) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00.

b.

Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height.

c.

All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site.

3.

Essential services —Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses : safety service facilities including, but not necessarily limited to, fire stations , sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes.

4.

New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade , and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade , are permitted within these zoning districts.

5.

Ground-mounted monopole communication towers up to 150 feet in height above the natural grade , including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location.

6.

Rooftop towers , antenna structures , and antennas.

a.

Rooftop towers , antenna structures , and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts.

b.

Rooftop towers , antenna structures , and antennas are, as specified, subject to the following:

i.

Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade . If the maximum roofline is less than twenty (20) feet above the average natural grade , an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure , tower , or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure , tower , and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities.

ii.

Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location.

iii.

Antenna structures and dish type antennas shall be painted to make them unobtrusive.

iv.

Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall.

v.

Where technically feasible, dish type antennas shall be constructed of open mesh design.

vi.

Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower , structure , and antennas.

vii.

The building and roof shall be capable of supporting the roof-mounted antenna, structure , and tower .

viii.

No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower , or antenna structure .

7.

With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements:

a.

Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD.

b.

In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater.

8.

All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them.

9.

Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks , design, and landscape requirements are met as to each tower . structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County-owned land available for towers and ancillary facilities at reasonable rents.

10.

Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty-five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts , or has access to, a collector street , access for motor vehicles shall be limited to the collector street . All equipment shall comply with the then applicable noise standards.

11.

For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking.

12.

All new tower bases, guy anchors, outdoor equipment, accessory buildings , and accessory structures shall be fenced. This provision does not apply to amateur radio towers , or to ground-mounted antennas that do not exceed twenty (20) feet above grade .

13.

Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules.

New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night.

14.

Effective January 1, 1992, all guyed towers , including old towers , exceeding 185 feet in height shall be inspected every two (2) years. Such self-supporting towers shall be inspected every four (4) years. Each inspection shall be by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following:

a.

Tower structure : Including bolts, loose or damaged members, and signs of unusual stress or vibration.

b.

Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure.

c.

Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition.

d.

Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any.

e.

For guyed towers : Tower vertical alignment and guy wire tension (both required tension and present tension).

15.

A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance.

16.

Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees.

17.

For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines.

18.

All new metal towers , including rooftop towers , except amateur radio towers , shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit.

19.

Within the proposed tower's effective radius , information that specifies the tower's physical location, in respect to public parks, designated historic buildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval.

20.

No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna.

21.

Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent.

22.

As to communications towers and antennas, including rooftop towers , antenna structures , and antennas, the height provisions of this section supersede all other height limitations specified in this Code.

23.

All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules.

24.

A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee.

H.

Alligator Alley communication towers .

1.

Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the I-75 right-of-way east of the toll booth (Alligator Alley ). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers . The four (4) new telecommunication tower sites shall be located approximately at:

a.

Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas;

b.

Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas;

c.

The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas;

d.

The site of an existing FDOT tower located at mile marker 63.2 at the I-75 Rest Area. It will replace an existing tower located on the north side of I-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas.

e.

Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical.

2.

Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section.

3.

Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the I-75 right-of-way , and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (½) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner . No habitable residential or non-residential structure , including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers .

4.

Access . Physical access to each tower site shall be as approved by FDOT.

5.

Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower .

6.

Landscape buffer . A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures , and buildings . This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns.

7.

A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower . No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval.

8.

Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting.

9.

Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the I-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County.

10.

The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. towers that are to be twenty (20) feet or less in height require only building permit approval from the County.

a.

As all such facilities must be located within the I-75 right-of-way , the facilities must be subject to approval from the owner of that right-of-way , including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation.

b.

The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses.

c.

Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole . If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower .

I.

Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service.

1.

These facilities are essential services .

2.

Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes.

3.

Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way .

4.

Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s).

5.

New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower , or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations.

6.

Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission.

7.

Default approval.

a.

An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that:

i.

Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use , or without the need to apply for some other permit;

ii.

The County fails to either grant or deny the applied-for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and

iii.

The applicant has not agreed to an extension of time, as provided in paragraph (8) below.

b.

However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time.

8.

Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant . Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government.

(Ord. No. 05-27, § 3.HH)