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HomeMy WebLinkAbout08292003 1225 Main Street [] Sebastian, Florida 32958 Telephone (772) 589-5330 [] Fax (772) 589-5570 City Council Information Letter August 29, 2003 Have a Happy and Safe Labor Day Weekend Appointment of New Director of Finance After an extensive search process resulting in numerous semi-finalist and finalist interviews yielded from forty (40) applications from finance and accounting professionals state and nationwide, I am pleased to report that a new Director of Finance is currently being hired to help continue excellent service in our community. Ms. Shai (pronounced Shay) Francis of Indialantic, Florida brings to the City of Sebastian over thirteen (13) years of public sector budgeting, accounting and finance experience. Previous professional service includes budget analyst and accounting positions with the City of Titusville and the Brevard County Budget Office. For almost five years, she has served as the Assistant Director of Finance for the Indian River County Clerk of the Circuit. In this capacity, Shai was successful in implementing Government Accounting Standards Board Directive (GASB) 34, preparation of Indian River County's Comprehensive Annual Financial Report and overall day-to-day finance related functional responsibility/budget preparation and administration. A certified public accountant, Shai's educational background includes a Bachelors Degree in Accounting from Soochow University in Taipei, Taiwan, as well as a Master of Business Administration from the Florida Institute of Technology. Shai is also a very active in a number of professional activities, including the Government Finance Officers Association (state and national chapters) and the Indian River County Investment Advisory Committee. Shai's employment with the City of Sebastian will officially begin Wednesday, September 24th. However, she will be formally and publicly introduced during the September 10th Regular City Council Meeting. City Council Information Letter August 29, 2003 Page 2 Site Plannin.q Process to Govern Telecommunications Tower As referenced in the attached memorandum as compiled and delivered per my direction by Director of Growth Management Tracy Hass, the City of Sebastian will soon initiate a site plan review exercise with representatives of Atlantic Coast Tower of Florida to govern a proposed communications tower installation in a wooded area of city owned property west of Roulette Street. Please be advised however that no specific guarantees are in place granting the company the ability to place such a tower without adhering to recently revised provisions contained in the Land Development Code governing telecommunications facilities in the community. Final placement of a tower will be governed by a site plan to ultimately be reviewed and considered by the Planning and Zoning Commission. Relevant requirements will include the incorporation of protective measures such as a design to blend well with the surrounding environment, as well as minimal visibility to residential areas. These opportunities are available to the City of Sebastian as a result of the recent adoption of a revise telecommunication ordinance - provided to representatives of Atlantic Coast Tower well in advance of compiling a proposed agreement as ultimately presented during Wednesday evening's meeting. Immediate Solutions for Collier Creek Waterway Stagnation As briefly reported during Wednesday evening's meeting, the Stormwater Utility Division is working to implement tasks to help alleviate stagnant water issues in the Collier Creek Waterway adjacent to County Road 512 (CR 512). As referenced in the attached electronic mail message as compiled and delivered by City Engineer David Fisher, an initial investigation revealed that the 48" diameter equalizer/connection pipe located under CR 512 is currently open, clean, clear and dry, providing an opportunity for water to flow appropriately. A possible immediate solution to assist this process will be to mow and excavate dirt deposits that have formed overtime on the south side of CR 512 in this vicinity; to be implemented within the next couple of weeks, after designating the necessary equipment to accomplish the project. An excavation exercise at this location will ensure that the waterway is and will remain clean at that location. After this is accomplished, the Stormwater Utility Division will keep monitoring this area to identify other problems that may occur. City Council Information Letter August 29, 2003 Page 3 Concerns Reqardin.q Municipal Airport Dra.q Strip Proposal at Sebastian As suggested by City Council during Wednesday evening's meeting, both Airport Director Jason Milewski and myself will soon initiate discussion with representatives from Maximum Torque Engines, Inc. to further outline various issues relative to their proposal to construct a drag racing strip at Sebastian Municipal Airport (SMA). Although such a prospect may offer numerous benefits to a community such as tourism and specialty economic development, potential negative impacts would far outweigh any financial gain experienced by the City of Sebastian. This position is appropriate in that the adopted SMA Master Plan and Community Compatibility Study offers direction relative to infrastructure improvements and light, clean commercial and industrial development. As each of you know, numerous accomplishments were recently realized to help bring such efforts to fruition, including respective grant agreements from both the Federal Aviation Administration and the Florida Department of Transportation Aviation Section. In addition, arrangements are currently being made to construct high quality capital facilities necessary to operate a successful and self- supporting general aviation municipal airport, notably t-hangar development via partnership with Sheltair Sebastian and expansion opportunities for Velocity, Inc. However, representatives from Maximum Torque Engines will be afforded the opportunity to publicly discuss their proposal in more detail in the coming weeks during a regular City Council meeting. Conversely, for the aforementioned reasons, our recommendations not to proceed with such a partnership will also be communicated during the time of this discussion. Employee Appreciation Picnic I believe that each of you by now have received a copy of the attached flyer advertising this year's Sebastian Employee Appreciation Picnic scheduled to take place Saturday, September 13th beginning at 12:00 p.m. at the Sebastian Community Center. Hopefully most if not all of you will have an opportunity to join us. In fact, arrangements are being made to solicit volunteers to help serve employees during the picnic- providing refreshments and lunch plates, in conjunction with staff from Woody's Barbeque, to the men and women who serve the City of Sebastian in various capacities. After all, it is an employee appreciation function. Myself, City Council Information Letter August 29, 2003 Page 4 as well as numerous department directors have already committed for this purpose. Should any of you also wish to assist with food and beverage service and/or entertainment, please feel free to contact Director of Human Resources Jim Sexton by calling 388-8206. Enclosure(s) · Resume - Shai Francis Memorandum/Land Development Code Excerpts from Tracy Hass - Telecommunications Tower Plan Review Process Electronic Mail Message/Digital Photographs from David Fisher - Immediate Solutions for Collier Creek Waterway Flyer - Sebastian Employee Appreciation Picnic My Documents/InfoLetter186 LICENSES 272 CORAL WAY WEST · INDIALANTIC, FL 32903 PHONE (H) 321-777-9024 (W) 772-567-8000 EXT.1570 E-MAIL: SHAICHANG~HOTMAIL.COM SHAI L FRANCIS Ce~fied Public Accountant, AC # 0034077 EDUCATION 1978 - 1982 Soochow University, Taipei, Taiwan Accounting Degree 1989 - 1991 ( Florida Insfitut~ of Technology, Melbourne, Florida Master of Business Administration Degree 1996 - 2000 University of Cent~a] Florida, Orlando, Florida Part-time student for Master of Accounting Degree PROFESSIONAL EXPERIENCE February 1999 - present Indian River County Clerk of the Circuit Court, Veto Beach, Florida Assistant Finance Director · In charge of early implementation of GASB 34 for FY 2000-2001 · In charge of the preparation of the County's comprehensive annual financial report for the GFOA ce~.ficate program · Assisting the Finance Director with acquiring and implementing Munis financial software · Assisting the Finance Director with cash management · Assisting the Finance Director with daily operations of the finance department · Directly in charge of accounts receivable and fixed assets functions · Indirectly in charge of payroll and accounts payable functions · Directly working with Board's Water and Sewer Department with their financial function · Year-end closings for the Board and the Clerk's office · Budget preparation for the Clerk's office -1- · Preparation of audit schedule and coordination of annual audit with the external auditors, the other constitutional officers, and the Board of County Commissioners · in charge of all County's bonded debts arbitrage rebate calculations · In charge of various mandated reports for the State and other agencies · In charge of developing all request for proposals related to the Finance Department · Other special projects December 1994-January 1999 Brevard County Budget Office, ~/iera, Florida Budget Ana~st II · Preparation of the County's annual budget based on program budgeting methodology · Preparation of budget manual · Conducting budget training classes · Preparation of 5-year capital budget · Cash flow analysis and forecasting · Budget monitoring · Preparation of annual budget report for GFOA certificate program · Other special projects August 1991 -October 1994 City of Titusville, Titus~qlk, Florida Staff Accountant · Bank reconciliation · Month-end and year-end closings of general ledger · General Ledger journal entry adjustments · In charge of all proprietary funds(including City's Water & Sewer Revenue Fund) · Fixed assets management · Preparation of City's comprehensive annual financial report · Preparation of audit schedules · Conducting year-end inventories · Contract management PROFESSIONAL MEMBERSHIPS Member of GFOA Member of FGFOA -2- Member of Indian River County Investment Advisory Committee Member and Secretary/Treasurer for Treasure Coast Chapter/FGFOA Reviewer for GFOA Certificate of Achievement for Excellence Financial Reporting Program m REFERENCES Ed Fry, Finance Director Indian River County Clerk of the Circuit Court 1840 25th Street, Veto Beach, FL 32960-3365 TEL: 772-567-8000 ext. 1205 Kathy Wall, Internal Audit Osceola County IGssimmee, Florida TEL: 407-343-6400 Nell Boynton, CPA Senior Budget Analyst Brevard County Budget Office Viera, Florida TEL: 321-633-2153 Sandra Bookhardt, Accounting Manager City o f Timsville P.O.Box 2806 Tirusville, Florida 32781 TEL: 321-383-5801 -3- HOMF. OF PELICJ~ ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 · FAX (772) 589-2566 MEMORANDUM DATE: August 28, 2003 TO: Terrence R. Moore, City Manager FROM: Tracy E. Hass, Director of Growth Managemenk~//''' SUBJECT: Atlantic Coast Tower of Florida Proposed Cell Tower. Further to our discussion this morning I wanted to clarify requisite policies and procedures applicable to telecommunications facilities site development plans. Last night, August 27, 2003, the City Council authorized execution of a lease agreement between the City of Sebastian and Atlantic Coast Tower for the possible placement of a communications tower west of Roulette Street. Although the Council authorized said lease agreement, no specific guarantees are in plcae granting Atlantic Coast the ability to place the tower without first adhering to Article XXIII of the land development code (attached hereto), which regulates telecommunications facilities. Final placement of the tower on the site will be based on a multitude of factors including, but not limited to the following: location of nearest habitable structure; proximity of the tower to residential district boundaries; design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; surrounding topography; and height of tower. Additionally, Atlantic Coast will be required to submit details with regards to their proposed service area justifying the need for a facility in the vicinity of their proposed location. Fortunately, several protective measures are included within our telecom ordinance, which will greatly reduce the impacts of not only this, but all telecommunications facilities within our community. Chapter VI COMMUNICATIONS FACILITIES Article XXIII. Telecommunications Facilities Standards Sec. 54-6-23.1. Purpose. Sec. 54-6-23.2. Exemptions. Sec. 54-6-23.3. Definitions. Sec. 54-6-23.4. Pre-application meeting. Sec. 54~6-23.5. Collocation of wireless telecommunications facilities and other structures. Sec. 54-6-23.6. Location of wireless telecommunications facilities. Sec. 54-6-23.7. Retention of expert assistance and reimbursement by applicant. Sec. 54-6-23.8. Exceptions from a conditional use permit for wireless telecommunications facilities. 54-6-23.9. Conditional use permit application and other requirements. 54-6-23.10. Factors to be considered in granting conditional use permits for towers. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 54-6-23.11. 54-6-23.12. 54-6-23.13. 54-6-23.14. 54-6-23.15. 54-6-23.16. 54-6-23.17. 54-6-23.18. 54-6-23.19. 54-6-23.20. 54-6-23.21. 54-6-23.22. 54-6-23.23. 54-6-23.24. Aesthetics and visibility of wireless telecommunications facilities. Site plan requirements. Lot size and setbacks. Height of telecommunications tower(s). Security of wireless telecommunications facilities. Signage. Application fee. Performance security. Public hearing required. Action on an application for a conditional use permit for wireless telecom- munications facilities. Extent and parameters of conditional use permit for wireless telecommuni- cations facilities. Adherence to state and/or federal rules and regulations. Removal of wireless telecommunications facilities. Relief. Supp. No. 4 LDC23:1 ARTICLE XXIII. TELECO~CATIONS FACILITIES STANDARDS Sec. 54-6-23.1. Purpose. In order to ensure that the placement, construction, and modification of wireless telecom- munications facilities protects the city's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this article, the city hereby adopts an overall policy with respect to a conditional use permit for wireless telecommunications facilities for the express purpose of achieving the following goals: (a) Implementing an application process for person(s) seeking a conditional use permit for wireless telecommunications facilities; (b) Establishing a policy for examining an application for and issuing a conditional use permit for wireless telecommunications facilities that is both fair and consistent; (c) Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers; (d) Providing for the appropriate location and development of telecommunications facili- ties in the City of Sebastian, including prohibition of new telecommunications facilities in areas zoned for residential use; (e) Minimizing adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging and promoting use of alternative telecommunication tower structures as a primary option rather than construction of additional single-use towers; (f) Avoiding potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of telecommunications tower structures and antennas; and (g) Maximizing use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city. (Ord. No. 0-02-18, § 1, 1-8-03) Sec. 54-6-23.2. Exemptions. The following are exempt from the provisions of this article: (a) Emergency wireless telecommunications facility. Temporary wireless communication facilities for emergency communications by public officials. (b) Amateur (ham) radio stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC). (c) Maintenance or repair Maintenance, repair or reconstruction of a wireless telecom- munications facility and related equipment, provided that there is no change in the height or any other dimension of the facility. Supp. No. 4 LDC23:3 § 54-6-23.2 SEBASTIAN LAND DEVELOPMENT CODE (d) Temporary wireless telecommunications facility. Temporary wireless telecommunica- tions facility, in operation for a maximum period of one hundred eighty (180) days. (e) Antennas as accessory uses. An antenna that is an accessory use to a residential dwelling unit. (Ord. No. O-02-18, § 2, 1-8-03) Sec. 54-6-23.3. Definitions. For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The .word "shalF is always mandatory, and not merely directory. Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment, storage sheds or cabinets. Alternative tower structure includes, but is not limited to the following: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), and microwave telecommunications. Applicant means any person submitting an application to the City of Sebastian for a conditional use permit for wireless telecommunications facilities. Application means the development order form together with all necessary and appropriate documentation that an applicant submits in order to receive a conditional use permit for wireless telecommunications facilities. City means the City of Sebastian, Florida. Collection means the use of the same telecommunications tower or structure to carry two or more antennas for the provision of wireless services by two or more persons or entities. Commercial impracticability or commercially impracticable shall have the meaning in this article and any conditional use permit granted hereunder as a circumstance which may excuse the applicant or holder from performing a requirement where these three conditions exist: 1) a contingency must occur; 2) nonoccurrence of the contingency must have been a basic assumption on which the requirement was made; and 3) performance must thereby be made "impractical" because of including but not limited to excessive and unreasonable cost. Supp. No. 4 LDC23:4 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.3 Completed application means an application that contains all information and/or data necessary to enable the commission to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the city in the context of the permitted land use for the particular location requested. Commission means the planning and zoning commission of the City of Sebastian. Conditional use permit means the official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city. Direct-to home satellite services or direct broadcast service or DBS means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite. EPA means the state and/or federal Environmental Protection Agency or its duly designated and authorized successor agency. FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency. FCC means the Federal Communications Commission, or its duly designated and autho- rized successor agency. Free standing tower means a tower that is not supported by guy wires and ground anchors or other means of attached or external support. Height means, when referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna. Lattice tower means a self-supporting communications tower with three or more sides of open framed supports. Monopole tower means a cylindrical self-supporting communications tower constructed as a single spire. NIER means non-ionizing electromagnetic radiation. Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity. Personal wireless facility see definition for "Wireless telecommunications facilities". Personal wireless services or PWS or personal telecommunications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act. State means the State of Florida. Supp. No. 4 LDC23:5 § 54-6-23.3 SEBASTIAN LAND DEVELOPMENT CODE Survey means a survey containing the seal and certification of a properly licensed professional engineer or professional land surveyor. Telecommunication site see definition for "Wireless telecommunications facilities." Telecommunications means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. Telecommunications structure means a structure used in the provision of services described in the definition of "Wireless telecommunications facilities". Temporary means in relation to all aspects and components of this article, something intended to, or that does, exist for fewer than 180 days. Wireless telecommunications facilities or telecommunications tower or telecommunications site or personal wireless facility means a structure, facility or location designed, or intended to be used as, or used to support, antennas, as well as antennas or any functional equivalent equipment used to transmit or receive signals. It includes without limit, the tower compound, free standing towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-stow building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services, or microwave telecommunications, but excluding those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. (Ord. No. O-02-18, § 3, 1-8-03) Sec. 54-6-23.4. Pre-application meeting. There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre- application meeting may also include a site visit if required. Where the application is for the collocation of an existing telecommunications tower(s) or other high structure, the applicant should seek to waive any section or subsection of this article that may not be required. (Ord. No. 0-02-18, § 4, 1-8-03) Sec. 54-6-23.5. Collocation of wireless telecommunications facilities and other struc- tures. (a) Collocation of existing wireless telecommunications facilities shall be preferred by the city, as opposed to the proposed construction of a new telecommunications tower. Where such collocation is unavailable, location of antennas on other pre-existing structures shall be considered and preferred. The applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four miles of any proposed new tower Supp. No. 4 LDC23:6 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.6 site, unless the applicant can show that some other distance is more reasonable, and outlining opportunities for collocate of existing facilities and the use of other pre-existing structures as a preferred alternative to new construction. (b) An applicant intending to share use of an existing telecommunications tower or other structure shall be required to document the intent of the existing owner to share use. In the event an application to share the use of an existing telecommunications tower does not increase the height of the telecommunications tower, city staff shall waive such requirements of the application required by this local ordinance as may be for good cause shown. (Ord. No. O-02-18, § 5, 1-8-03) Sec. 54-6-23.6. Location of wireless telecommunications facilities. (a) Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the growth management department related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval): (1) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. (2) Existing towers or structures are not of sufficient height to meet applicant's engineer- ing requirements. (3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. (5) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development by 25% are presumed to be unreasonable. (6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. (7) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple Supp. No. 4 LDC23:7 § 54-6-23.6 SEBASTIAN LAND DEVELOPMENT CODE low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (b) In the event no existing towers or structures are located within the geographic area which meet applicant's engineering requirements, applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and three being the lowest priority. (1) Collocation on existing telecommunications towers or other tall structures; (2) On municipally owned properties; (3) On other property in the city zoned for either commercial or industrial use only. (c) If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not seiected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site. (d) An applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An application shall address collocation as an option and if such option is not proposed, the applicant must explain why collocation is commercially impracti- cable. (e) Notwithstanding the above, the commission may approve any site located within an area in the above list of priorities, provided that the commission finds that the proposed site is in the best interest of the health, safety and welfare of the city and its inhabitants. (f) The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is, or will be considering, reviewing or planning for wireless telecommunications facilities in the city. (g) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the commission may disapprove an application for any of the following reasons: (1) Conflict with safety and safety-related codes and requirements; (2) Conflict with any historic preservation regulations pertaining to any historical district; (3) The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation; (4) The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the city, or employees of the service provider or other service providers; Supp. No. 4 LDC23:8 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.8 (5) Conflicts with the provisions of this article. (Ord. No. O-02-18, § 6, 1-8-03) Sec. 54-6-23.7. Retention of expert assistance and reimbursement by applicant. (a) The city may hire any consultant and/or expert necessary to assist the city in reviewing and evaluating the application and.any requests for recertification. (b) An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultant and expert evaluation and consultation to the city in connection with the review of any application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an application and the city will maintain a separate escrow account for all such funds. The city's consultants/experts shall bill or invoice the city no less frequently than monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500.00, Applicant shall immediately, upon notification by the city, replenish said escrow account so that it has a balance of at least $2,500.00. Such additional escrow funds must be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the apphcant. (c) The total amount of the funds set forth in subsection (b) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the city or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the city, shall be paid by the applicant. (Ord. No. O-02-18, § 7, 1-8-03) Sec. 54-6-23.8. Exceptions from a conditional use permit for wireless telecommuni- cations facilities. (a) No conditional use permit shall be required for collocating antennas on existing wireless telecommunications facilities. Additionally, no conditional use permit shall' be required for those exceptions noted in the definition of wireless telecommunications facilities, such as those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. (b) All wireless telecommunications facilities legally existing on or before the effective date of this article shall be allowed to continue as they presently exist, provided however, that any modification to existing wireless telecommunications facilities must comply with this article. (Ord. No. O-02-18, § 8, 1-8-03) Supp. No. 4 LDC23:9 § 54-6-23.9 SEBASTIAN LAND DEVELOPMENT CODE Sec. 54-6-23.9. Conditional use permit application and other requirements. (a) All applicants for a conditional use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The planning and zoning commission is the officially designated agency or body of the community to whom applications for a conditional use permit for wireless telecommunications facilities shall be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, or revoking conditional use permits for wireless telecommunications facilities. (b) An applicant for a conditional use permit for wireless telecommunications facilities shall either be a licensed carrier or have a licensed carrier as a co-applicant that has obtained FCC approval to install equipment on the subject site. (c) An application for a conditional use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application, and submit an authorization letter stipulating the applicant is legally authorized to act on behalf of the owner. (d) Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the commission. (e) The applicant shall include a statement in writing: (1) That the applicant's proposed wireless telecommunications facilities shall be main- tained in a safe manner, and in compliance with all conditions of the conditional use permit, without exception, unless specifically granted relief by the commission in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal ordinances, rules, and regulations. (2) That the construction of the wireless telecommunications facilities is legally permis- sible, including, but not limited to the fact that the applicant is authorized to do business in the State of Florida. (f) No wireless telecommunications facilities shall be installed or constructed until the site plan is reviewed and approved by the commission, the conditional use permit has been approved, and the building permit has been issued by the building department. (g) All new wireless telecommunication facilities requiring a new supporting tower to be erected shall use a monopole tower, or other acceptable alternative tower structure, as defined herein. All conditional use permit applications for new wireless telecommunications facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the State of Florida. Where this section calls for certification, such certification shall be by a qualified Florida state Supp. No. 4 LDC23:10 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.9 licensed professional engineer acceptable to the city, unless otherwise noted. The application shall include, in addition to the other requirements for the conditional use permit, the following information: (1) Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily within the city; (2) Name, address and phone number of the person preparing the report; (3) Name, address, and phone number of the property owner, operator, and applicant, to include the legal form of the applicant; (4) Postal address and tax map parcel number of the property; (5) Zoning district or designation in which the property is situated; (6) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines reflected on a survey; (7) Location of nearest residential structure or residential zoning district; (8) Location of nearest habitable structure; (9) Location, size and height of all structures on the property which is the subject of the application; (10) Location, size and height of all proposed and existing antennas and all appurtenant structures; (11) Type, locations and dimensions of all proposed and existing landscaping, and fencing; (12) The number, type and design of the telecommunications tower(s) antenna(s) proposed and the basis for the calculations of the telecommunications tower's capacity to accommodate multiple users; (13) The make, model and manufacturer of the tower and antenna(s); (14) A description of the proposed tower and antenna(s) and all related £urtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; (15) The frequency, modulation and class of service of radio or other transmitting equip- ment; (16) Transmission and maximum effective radiated power of the antenna(s); (17) Direction of max/mum lobes and associated radiation of the antenna(s); (18) Applicant's proposed tower maintenance and inspection procedures and related system of records; (19) Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC; Supp. No. 4 LDC23:ll § 54~6-23.9 SEBASTIAN LAND DEVELOPMENT CODE (20) Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices, which certification shall be reviewed by a licensed engineer approved by the city; (21) A copy of the FCC license applicable for the use of wireless telecommunications facilities; (22) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, which certification shall be reviewed by a licensed engineer designated by the city; (23) Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites; (24) Applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs. (25) Certification and statement that appropriate space has been reserved on the tower for public safety usage at no cost to the public safety entity. The city will provide the specific requirements for such public safety usage, if any, promptly after the preap- plication meeting. (h) In the case of a new telecommunication tower, the applicant shall be required to submit a written report demonstrating its efforts to secure collocation rights of existing telecommu- nications tower(s) or use of existing buildings or other structures within the city. Copies of written requests and responses for collocation shall be provided to the commission. (i) The applicant shall furnish a visual impact assessment which shall include: (1) A"zone of visibility map" which shall be provided in order to determine locations where the tower may be seen. (2) An assessment of the visual impact of the tower base, and accessory buildings from abutting and adjacent properties and streets. (3) An artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facilities are located. (j) All utilities from wireless telecommunications facilities sites shall be installed under- ground and in compliance with all ordinances, rules and regulations of the city, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. Supp. No. 4 LDC23:12 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.9 (k) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and]or to harmonize with the natural surroundings. (1) At a telecommunications site, an access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting/removal. (m) A person who holds a conditional use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current techni- cal, safety and safety-related codes adopted by the city, state, or federal, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, and health codes. In the event of a conflict between or among any of the preceding the more stringent shall apply. (n) A holder of a conditional use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable rule, regulation or ordinance, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant. (o) The applicant shall examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for at least two additional commercial applications, for example, future collocations. The telecommunications tower shall be structurally designed to accommodate at least two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provision of future shared usage of the telecommunications tower is not technologically feasible, or is commercially impracticable and creates an unnecessary and unreasonable burden, based upon: (1) The foreseeable number of FCC licenses available for the area; (2) The kind of wireless telecommunications facilities site and structure proposed; (3) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; (4) Available space on existing and approved telecommunications towers. (p) The applicant shall submit to the city a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for collocation of the proposed tower by other telecommunications providers in the future. This letter shall be Supp. No. 4 LDC23:13 § 54-6-23.9 SEBASTIAN LAND DEVELOPMENT CODE filed with the city. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the conditional use permit. The letter shall commit the new tower owner and their successors in interest to: (1) Respond within 60 days to a request for information from a potential collocate applicant; (2) Negotiate in good faith concerning future requests for collocation of the new tower by other telecommunications providers; (q) The holder of a conditional use permit shall notify the city of any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild a wireless telecommunications facility. (Ord. No. O-02-18, § 9, 1-8-03) Sec. 54-6-23.10. Factors to be considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to article VI of this code, the planning commission shall consider the following factors in determining whether to issue a conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this section are better served thereby: (1) Location of nearest habitable structure, nearest residential structure or residential zoning district; (2) Proximity of the tower to residential structures and residential district boundaries; (3) Nature of uses on adjacent and nearby properties; (4) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (5) Surrounding tree coverage and foliage; (6) Surrounding topography; (7) Height of the proposed tower; (8) Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures; (9) The number, type and design of the telecommunications tower(s) antenna(s) proposed and the basis for the calculations of the telecommunications tower's capacity to accommodate multiple users. (Ord. No. O-02-18, § 10, 1~8-03) Supp. No. 4 LDC23:14 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.12 Sec. 54-6-23.11. Aesthetics and visibility of wireless telecommunications facilities. (a) Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible. Alternative tower structures include: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (b) If the tower is not to be camouflaged by an alternative tower structure, the tower shall either maintain a neutral color consisting of the light gray and light blue color spectrum, or meet the applicable standards of the FAA. (c) Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. (d) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (e) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. (f) Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by this article or other regulatory authority. (g) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least ten feet wide outside the perimeter of the compound. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. The barrier, hedge, or landscape berm shall be a minimum of four feet in height. In addition, there shall be a minimum of one shrub for every two lineal feet of the required landscape strip. Additionally one tree per every 25 lineal feet shall be included within said landscaped strip. (Ord. No. O~02-18, § 11, 1-8-03) Sec. 54-6-23.12. Site plan requirements. (a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), land use classification of the site and all properties within 1,500 feet, adjacent Supp. No. 4 LDC23:15 § 54-6-23.12 SEBASTIAN LAND DEVELOPMENT CODE roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, landscaping, fencing and other information deemed by the growth management department to be necessary to assess compliance with this section; (b) Legal description of the parent tract and leased parcel (if applicable); (c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; (d) The separation distance from other towers within the city's boundaries shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable; (e) A landscape plan showing specific landscape materials; The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless telecommunications facilities base and all related facilities and structures; (f) Method of fencing and finished color and, if applicable, the method of camouflage and illumination; (g) A description of compliance with all regulations contained herein, all applicable federal, state or local laws; (h) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users and if not why it will not; (i) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; (j) A description of the feasible locations of future towers or antennas within the City of Sebastian based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected; (k) Applicant's proposed tower maintenance and inspection procedures and related system of records; (1) If lighting is required, applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations, and (m) The apphcant shall provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner. (Ord. No. O-02-18, § 12, 1-8-03) Supp. No. 4 LDC23:16 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.16 Sec. 54-6-23.13. Lot size and setbacks. (a) Wireless telecommunications facilities, excluding alternative tower structures, shall be located with a minimum setback from any property line a distance equal to the height of the wireless telecommunications facility or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. (b) Alternative tower structures shall be exempt from subsection (a) above. (Ord. No. O-02-18, § 13, 1-8-03) Sec. 54-6-23.14. Height of telecommunications tower(s). (a) The applicant must submit documentation justifying to the commission the total height of any telecommunications tower, facility and/or antenna and the basis therefore. Such justification shall be to provide service within the city, to the extent practicable, unless good cause is shown. (b) Telecommunications towers shall be no higher than the minimum height necessary. Unless waived by the commission upon good cause shown, the maximum height shall be one hundred ten feet, based on three collocated tiers, 95 feet, based on two collocated tiers, and 80 feet, based on single antennas. (c) The maximum height of any telecommunications tower and attached antennas con- structed after the effective date of this article [January 8, 2003] shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with municipal, county, state, and/or any federal statute, code, rule or regulation. (Ord. No. O-02-18, § 14, 1-8-03) Sec. 54-6-23.15. Security of wireless telecommunications facilities. All wireless telecommunications facilities and antennas shall be located, fenced or other- wise secured in a manner that prevents unauthorized access. Specific requirements are as follows: (a) All antennas, towers and other supporting structures, shall be enclosed by security fencing not less than six feet, yet no greater than eight feet, in height and shall also be equipped with no more than three strands of barbed wire; and (b) Transmitters and telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. (Ord. No. O-02-18, § 15, 1-8-03) Sec. 54-6-23.16. Signage. Wireless telecommunications facilities shall contain a sign no larger than six square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and Supp. No. 4 LDC23:17 § 54-6-23.16 SEBASTIAN LAND DEVELOPMENT CODE operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. The sign shall not be lighted unless the commission shall have allowed such lighting. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless otherwise required by law. (Ord. No. O-02-18, § 16, 1-8-03) Sec. 54-6-23.17. Application fee. At the time that a person submits an application for a conditional use permit for a new telecommunications tower, such person shall pay a nonrefundable application fee of $1,500.00 to the city. If the application is for a conditional use permit for collocating on an existing telecommunications tower or high structure, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $1,000.00. These fees shall not include the cost of the building permit. (Ord. No. O-02-18, § 17, 1-8-03) Sec. 54-6-23.18. Performance security. The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall at its cost and expense, be jointly required to execute and file with the city a bond, or other form of security acceptable to the city as to type of security and the form and manner of execution, in an amount of at least $75,000.00 and with such sureties as are deemed sufficient by the commission to assure the faithful performance of the terms and conditions of this article and conditions of any conditional use permit issued pursuant to this article. The full amount of the bond or security shall remain in full force and effect throughout the term of the conditional use permit, including a transference of ownership, and/or until the removal of the wireless telecommunications facilities, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the conditional use permit and shall entitle the commission to revoke the conditional use permit after prior written notice to the applicant and holder of the permit and after a hearing upon due prior notice to the applicant and holder of the conditional use permit. (Ord. No. O-02-18, § 18, 1-8-03) Sec. 54-6-23.19. Public hearing required. (a) Prior to the approval of any application for a conditional use permit for wireless telecommunications facilities, a public hearing shall be held by the commission, notice of which shah be published in a newspaper of general circulation within the city no less than 15 calendar days prior to the scheduled date of the public hearing. In order to insure that nearby landowners are informed, the applicant, at time of application submittal shall be required to provide names and address of all landowners whose property is located within 500 feet of any Supp. No. 4 LDC23:18 TELECOMMUNICATIONS FACILITIES' STANDARDS § 54-6423.21 property line of the lot on which the new wireless telecommunications facilities are proposed to be located and certify that the applicant has provided notice to said landowners of the public hearing. (b) The city shall schedule the public hearing referred to in subsection (a) of this section once it finds the application is complete. The city, at any stage prior to issuing a conditional use permit, may require such additional information as it deems necessary. (Ord. No. O-02-18, § 19, 1-8-03) Sec. 54-6-23.20. Action on an application for a conditional use permit for wireless telecommunications facilities. (a) The commission will undertake a review of an application pursuant to this article in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution. (b) Except for necessary building permits, once a conditional use permit has been granted hereunder, no additional permits or approvals shall be required by the city. (c) After the public hearing and after formally considering the application, the commission may approve and issue, or deny, a conditional use permit. It's decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant. (d) The applicant shall be notified in writing of the commission's decision regarding the conditional use permit application within ten calendar days of the commission's action. (e) Appeals of decisions of the planning and zoning commission shall be to the city council pursuant to section 54-1-2.4(g). (Ord. No. O-02-18, § 20, 1-8-03) Sec. 54-6-23.21. Extent and parameters of conditional use permit for wireless tele- communications facilities. The extent and parameters of a conditional use permit for wireless telecommunications facilities shall be as follows: (a) Such conditional use permit shall be nonexclusive; (b) Such conditional use permit shall not be assigned, transferred or conveyed without the express prior written consent of the staff, and such consent shall not be unreasonably withheld or delayed; Supp. No. 4 LDC23:19 § 54-6-23.21 SEBASTIAN LAND DEVELOPMENT CODE (c) Such conditional use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the conditional use permit for wireless telecommunications facilities, or for a material violation of this article after prior written notice to the applicant and the holder of the conditional use permit. (Ord. No. O-02-18, § 21, 1-8-03) Sec. 54-6-23.22. Adherence to state and/or federal rules and regulations. (a) To the extent that the holder of a conditional use permit for wireless telecommunica- tions facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a conditional use permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. (b) To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a conditional use permit for wireless telecommunications facilities, then the holder of such a conditional use permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. (Ord. No. O-02-18, § 22, 1-8-03) Sec. 54-6-23.23. Removal of wireless telecommunications facilities. (a) Under the following circumstances, staff may determine that the health, safety, and welfare interests of the city warrant and require the removal of wireless telecommunications facilities. (1) Wireless telecommunications facilities with a permit have been abandoned (i.e. not used as wireless telecommunications facilities) for a period exceeding 180 days, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days; (2) Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard; (3) Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required conditional use permit, or any other necessary authorization. Supp. No. 4 LDC23:20 TELECOMMUNICATIONS FACILITIES STANDARDS § 54-6-23.24 (b) If the city makes such a determination as noted in subsection (a) of this section, then the city shall notify the holder of the conditional use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed. The city may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities. (c) The holder of the conditional use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the city. (d) If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the city may order officials or representatives of the city to remove the wireless telecommunications facilities at the sole expense of the owner or conditional use permit holder. (e) If the city removes or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten days, then the city may take steps to declare the wireless telecommunications facilities abandoned, and sell them and their components. (f) Notwithstanding anything in this section to the contrary, staff may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the conditional use permit, subject to the approval of the staff, and an agreement to such plan shall be executed by the holder of the conditional use permit and the city. If such a plan is not developed, approved and executed within the 90-day time period, then the city may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section. (Ord. No. O-02-18, § 23, 1-8-03) Sec. 54-6-23.24. Relief. Any applicant desiring relief or exemption from any aspect or requirement of this article may request such from the city at a pre-application meeting, provided that the relief or exemption is contained in the original application for either a conditional use permit, or in the case of an existing or previously granted conditional use permit, a request for modification of its tower and/or facilities. Such relief may be temporary, permanent, partial or complete, at the sole discretion of the commission. However, the burden of proving the need for the requested relief or exemption is solely on the applicant to prove to the satisfaction of the commission. The applicant shall bear all costs of the city in considering the request and the relief shall not be transferable without the specific written permission of the city. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the Supp. No. 4 LDC23:21 § 54-6-23.24 SEBASTIAN LAND DEVELOPMENT CODE applicant demonstrates by clear and convincing evidence that, if granted the relief or exemption will have no significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. No. 0-02-18, § 24, 1-8-03) Supp. No. 4 LDC23:22 CITY OF SEBASTIAN'S ANNUAL EMPLOYEE PICNIC Where: Community Center - North Central Avenue When: Saturday, September 13, 2003 Time: 11:30 a.m. to 4:30 p.m. BRING THE WHOLE FAMILY FOR A DAY OF FAMILY FUN AND GAMES Leave your worries at home - bring your hearty appetite !!! There will be lots of food and entertainment for your pleasure. Chicken, Beef, Pork and Sodas This is a catered affair- Woodys Bar-B-Que Moon walk-Volleyball - Horse Shoes Lots of Kids stuff To sign up: Notify the Human Resources Department no later than Tuesda¥~ September 2, 2003 SO, MAKE IT A DATE AND DON'T BE LATE !!!!!!! Let's have some FUN FUN FUN