§ 86-66. Definitions, exhibits and purpose.

(a)

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

Further definitions which apply to this article can be found in chapter 62, article VI, division 7 and article VII of this Code.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

Applicant means the record owner or an owner's representative of a tract of land that is applying for a permit under this section.

Board means the board of county commissioners of the county,

Certified boundary survey means a survey, sketch, plan, map or other exhibit and is said to be certified when a written statement regarding its accuracy or conformity to specified standards is signed and sealed by a registered surveyor licensed by the state. The date of the field survey must be less than 180 days prior to the date of the initial submittal. The survey must meet the minimum technical standards as set forth in Chapter 6.1 G17-6, Florida Administrative Code pursuant to F.S. ch. 472.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wifeless support structure in the public rights-of-way.

Commercial drive-way, for the purpose of this article, includes connections to a publicly controlled right-of-way or easement within a municipality which provides access for subdivision or site plan development.

County means the unincorporated areas of Brevard County, Florida.

County road means all roads designated as county roads by F.S. §§ 334.03(7), 336.01 and other applicable state statutes and this Code.

Cross access, drainage, or utility agreement means a document recorded in the public records which allows property owners to share driveways, drainage or utility easements.

Drainage means but not limited to: swales, ditches, storm sewers, seepage basin, culverts, side drains, retention or detention basins, streets, cross drains and canals.

Driveway means a private path for a vehicle giving access from abutting property to a road.

Easement means the right, privilege, or interest that one party has in the land of another. This may include utilities, drainage, ingress and egress, or other public or private uses subject to the right of use designated in the reservation of the servitude. For the purpose of this article, easement permitting pertains to publicly controlled easements,

Emergency means a failure of a public or private driveway/drainage improvement within the county right-of-way or dedicated easement that threatens life or property.

FCC means the Federal Communications Commission.

FOOT means Florida Department of Transportation.

FEMA means the Federal Emergency Management Agency.

Hauling means operations associated with the on or off-site transport of land alteration materials, earth materials, dredge materials, land clearing debris, vehicle disposal, and other heavy materials.

Improvement means any item of construction under this article.

Joint access agreements means an agreement executed by two or more property owners for use of a joint driveway.

Licensed contractor means a contractor licensed by the State of Florida or Brevard County to perform general construction contracting, underground construction or electrical work.

Maintenance security means 25 percent of the construction cost of public improvements to be posted with the county by the applicant for a minimum of two years upon the construction being accepted by the county. Posting of maintenance security shall follow the requirements as adopted in article VII, chapter 62 of this Code.

Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length. 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

Performance security means 125 percent of the construction cost of improvements to be posted with the county by the applicant for all improvements made within county controlled rights-of-ways and/or easements. Posting of performance security shall follow the requirements as adopted in article VII, chapter 62 of this Code.

Permit means the official written approval to begin construction of improvements according to the application, plans and specifications approved under this article.

Person means any person, firm, partnership, association, corporation, company or organization of any kind.

Public works department means the coordinating agency for all review, approval mid permitting improvements under this article.

Private improvements means those improvements required, but not limited to: driveways, driveway culverts, headwalls, streets, sidewalks, drainage, and other easements and rights-of-way, street signs and signals or water and sewer facilities privately owned and maintained.

Public improvements means those improvements required to be dedicated to the county for use by the public including, but not limited to streets, sidewalks, drainage, street signs traffic signals or utilities.

Public rights-of-way or rights-of-way means property or any interest therein, which is acquired for or devoted to a public road, including, but not limited to, roadways, highway, street, or bridge for which the county is the jurisdictional authority and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface.

Public works director means the Brevard County Public Works Director or designee.

Reviewing agencies means those agencies required by the public works department to review, comment and subsequently approve or disapprove projects per their respective ordinances, articles and/or regulations.

Right-of-way use agreement means an agreement executed by the board of county commissioners and an applicant which grants permission for a private party to use or construct an improvement within a county controlled right-of-way or easement.

Road and bridge department means the director of road and bridge or his/her designated representatives.

Road or street means a road which affords the principal means of access by vehicles to abutting property, streets, sidewalks, alleys, highways, and other ways open to travel to the public or private residents and includes all areas within the rights-of-ways or easements in which such ways are located. Any roads submitted for review, approval and permitting shall be processed and designed in accordance with article VII, chapter 62 of this Code.

Small wireless facility means a wireless facility that meets the following qualifications:

a.

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

b.

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Support structure means a wireless support structure or utility pole proposed for utilization for the collocation of small wireless facilities.

Substantial modification means the mounting of a small wireless facility on a utility pole or wireless support structure in a manner that:

(a)

Increases the height of the utility pole or wireless support structure by ten percent of the original height of the utility pole wireless support structure or greater; or

(b)

Adds an appurtenance to the utility pole or wireless support structure that protrudes horizontally from the utility pole or wireless support structure more than the width of the utility pole or wireless support structure and, existing appurtenances.

A modification that defeats the purpose of any exiting concealment elements is also considered a substantial modification. A substantial modification is not a waiver to the maximum allowable height.

Utility means all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water steam, waste, stormwater, and other similar commodities, including fire and police signal systems and street lighting systems, The term utility shall also include utility companies and their wholly owned or controlled subsidiaries.

Utility pole means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the public works director grants a waiver for such pole.

Wireless facility means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and, comparable equipment, regardless of technological, configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

a.

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

b.

Wireline backhaul facilities; or

c.

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider means a person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider means a person who provides wireless services.

Wireless support structure means a freestanding structure, such as a monopole. a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(b)

Exhibits. Any exhibits referred to in this article or adopted by reference are incorporated herein as part of this article. The language of this article shall control in the event of conflict between the language of this article and any figure contained in an exhibit to this article.

(c)

Purpose.

(1)

To insure that a proposed improvement within a county-controlled right-of-way or easement is non-injurious to the public use or any contiguous and/or other directly affected properties.

(2)

To provide guidelines and procedures to ensure that the permitted improvements contain the essential information and data, both graphic and written, necessary for the applicable county sections and departments, and the board of county commissioners to reach, fair and equitable decisions.

(3)

To provide the applicant with a specific set of procedures and exhibit requirements which, if followed as directed, will substantially reduce the applicant's probability of encountering unnecessary delays.

(4)

To set out and fully describe the policies and conditions under which the review of a site development plan will be evaluated.

(5)

To implement the local government regulatory authority granted in the Advanced Wireless Infrastructure Deployment Act F.S. § 337.401(7), and establish reasonable development standards for the location of small wireless facilities on county-owned utility poles, infrastructure or improvements in the public rights-of-way, while minimizing the potential negative impacts of such facilities. The wireless facilities and associated support structures permitted in this article include only such small wireless facilities and structures as defined herein. Conventional, taller, wireless communications facilities are regulated in chapter 62, article VI, division 7 of this Code.

(Ord. No. 2006-16, § 1, 4-11-06; Ord. No. 2017-015, § 2, 7-11-17)