ISSUE #1-Polk Cty Land Development Code-Ch 3 Sec 303

Attachment DeletedThis is the law of Polk County--the one flaunted by KCN and MANBOD.  Members have long been fed pablum by MANBODKCN i.e. "the FCC permits these towers and there is nothing anyone can do about it".

Currently, Polk County is inquiring if there is a violation of county permits by KCN and SLohA (Owner and Operator?).  They have found  probable cause to make a formal inquiry--did KCN and SLohA do what should have been done BEFORE the towers were built and that is--to apply for permits to build new Communication Towers.  (Why does KCN think they don't have to have a building permit?  You have to have a permit to build ANYTHING on Polk County property!)

On 8/13/2014, ALL Board members unanimously approved allocating Owners' assessment monies to KCN for the required engineering studies.  To pay for engineering reports to build towers after the fact...$3200 that KCN should be paying as a private commercial enterprise!


Why is SLohA paying for KCN's business costs?

This is going to cost owners FAR MORE than an engineering drawing for 4 footers--if ANY of KCN's towers are over 50' in height, KCN/MANBOD will have to go through a comprehensive Level 3 public hearing for a change in land use.  This will be extremely costly.

At this time, KCN's several communications towers located OUTSIDE of S-bag are being identified for possible permit violations.  These include Hank's Sand & Gravel on SR60 not far from the entrance.

Here is the law.   >>>Attachment Deleted<<<

Please excuse some of the odd formatting; it happens during the multiple document conversions and reformats I have to do to get it from the internet onto this forum.

Chapter 3 Section 303 Communication Towers (Revised 5/20/09 – Ord. 09-023; 1/30/03 Ord. 03-12; 7/29/02 - Ord. 02-52, Rev. 08/18/12 – Ord. 12-028)

Except as specifically provided in this Section, these provisions sH all apply throughout the unincorporated limits of Polk County and no communication tower or antenna sH all be permitted except in compliance with these provisions.

    1. This Section sH all not apply to the following:

        a. Communication towers that are constructed and antennas that are installed at a height below the height limitations specified in         Table 2.2 for the land use designation in which the communication tower or antenna is located;


        b. Any communication tower or antenna that is placed in response to an emergency as declared by Polk County, the State of Florida         or any other agency with the authority to declare an emergency (this exemption sH all apply only for the duration of the emergency         and for such period of time following the emergency as is reasonably necessary to remove the tower or antenna);
       
        c. Any communication tower or antenna that is operated solely by an amateur radio operator licensed by the FCC;


        d. Communication towers not exceeding 130 feet in height and located on a specific site for no more than 30 days in any 365 day         period; and,
       
        e. Antennas placed on alternative support structures and antennas placed on communication towers which do not add to the height of         the communication tower.

    2. Communication towers may not be located within one mile of any active private or public airstrip unless a variance pursuant to     Section 930 has been granted by the Board of Adjustment. Additionally, communication towers over 50 feet in height may not be located     within the Military Compatibility Zone except in compliance with Section 642 of this LDC.

    3. General guidelines and requirements sH all include the following:

        a. Communication towers and antennas, including their equipment buildings and other supporting equipment, may be considered both         principal uses and accessory uses such that, notwithstanding the provisions of this Section, the existence or non-existence of a         principal use or structure on a lot or parcel sH all not preclude the installation of an antenna or communication tower. For the         purposes of applying set back, lot coverage, buffering and other applicable development regulations, the entire lot or         parcel on which a communication tower or antenna is located sH all be treated as the lot, even if the communication         tower or antenna is located on a leased parcel within such lot or parcel. Communication towers and their antenna, with the         exception of their equipment buildings and other accessory structures, are exempt from the height regulations required by their land         use district.
       
        b. Aesthetics and lighting sH all conform to the following:

            i. With the exception of concrete communication towers, all communication towers sH all have either a galvanized             steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual             obtrusiveness.
           
            ii. To the extent possible, communication towers and their support facilities sH all be designed with materials, colors,             textures, screening, and landscaping that will blend the communication tower with its surrounding environment.
           
            iii. Communication towers sH all not be artificially lighted unless required by the FAA or any other authority with jurisdiction. If             lighting is required, strobe lighting sH all be utilized during daylight hours only and red lighting sH all be utilized at night unless             another form of lighting is required by the FAA or any other authority with jurisdiction.
       
        c. Notwithstanding anything herein to the contrary, all communication towers sH all meet all applicable requirements of the FAA, the         FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities.
       
        d. New communication towers and antennas, as well as modifications toexisting towers, including height additions and         additions of antennas, sH all be designed in accordance with the Standard Building Code and all other applicable state         and local construction Codes. Construction plans sH all be signed and sealed by an engineer licensed to practice in the         State of Florida.
      
         e. Each application for the construction of a new communication tower sH all include the tower manufacturer’s product specifications         indicating that the tower will satisfy all standards imposed by the American National Standards Institute (ANSI). Applications         for modifications to existing communication towers sH all include a certification as to the structural integrity of the         structure, including the structure’s foundation, prepared by an engineer licensed to practice in the State of Florida. Upon         completion of a communication tower or a modification to an existing tower, a signed and sealed statement by an         engineer licensed to practice in the State of Florida certifying that the structure has been constructed in accordance         with the engineered design and all applicable state and local construction Codes sH all be submitted as a condition of         final approval or issuance of Certificate of Occupancy.

        f. No communication tower sH all be approved unless the application for the structure includes a certification that no         antennas to be placed on the structure will cause significant interference with a public safety system or with the usual         and customary transmission or reception of radio, television and other customary services enjoyed by adjacent                    residential and non-residential properties.
      
         g. No commercial signage or advertising sH all be placed on communication towers. However, signs pertaining to trespassing may be         posted on communication towers and emergency phone numbers sH all be posted in a conspicuous location on the security fencing         required.
       
        h. Communication towers sH all be enclosed by security fencing not less than six feet in height. Access to communication         towers sH all be through a lockable gate.
      
         i. Subject to Section 120 of this Code, all communication towers legally existing on the effective date of this Code may         continue in use regardless of whether or not such structures would be authorized under the provisions of this Section.         Notwithstanding Section 120, antennas may be co-located on non-conforming communication towers and non-conforming         communication towers which have been damaged or destroyed beyond 50 percent may be repaired or replaced.
       
        j. Abandoned communication towers sH all be removed within 30 days of abandonment. The owner of an abandoned tower, as         well as the owner of the real property upon which the tower is situated, sH all be jointly and severally responsible for its         removal.  A communication tower sH all be considered abandoned if no licensed operator has had an antenna in use on the structure         for a period of 365 consecutive days.
      
         k. No communication tower sH all be approved unless a lease or other contract exists between the tower applicant and a         telecommunication service provider for placement of an antenna on the tower upon approval and construction of the         tower. An affidavit that a lease or contract exists may be either submitted in lieu of either lease or contract.


         l. All communication towers erected as of the effective date of this Code sH all provide for co-location in conformance with this         Section. No new communication tower sH all be approved unless the applicant demonstrates that no existing structure is available or         sufficient to accommodate the applicant’s proposed antenna. Evidence of any of the following sH all be sufficient to         demonstrate that no existing structure is available or sufficient to accommodate the applicant’s proposed antenna:
          
             i. No existing structures are located within the applicant’s search ring.
          
             ii. Existing structures are of insufficient height to meet the applicant’s engineering requirements.
           
            iii. Existing structures do not have sufficient structural strength to support the applicant’s proposed antenna and related             equipment.
           
            iv. The applicant’s proposed antenna would cause electromagnetic interference with antennas on existing structures, or antennas             on existing structures would cause interference with the applicant’s proposed antenna.
           
            v. The fees, costs or other contractual provisions required by the owner of an existing structure for co-location or the engineering             costs to adapt an existing structure for co-location are unreasonable. Fees and costs which exceed the costs to design and             construct a new communication tower sH all be presumed to be unreasonable.
           
            vi. Other factors exist that render existing structures unsuitable.
           
            m. The visual impacts of communication towers on nearby viewers sH all be mitigated to the extent reasonably             possible. At a minimum, a row of Tees at least six feet tall at planting sH all be planted around the perimeter of the             fence to the property and a continuous hedge at least 30 inches high

Note:  Calling Garden Club!

            at planting and capable of growing to at least 36 inches in height within 18 months sH all be planted in front of the T ree line             referenced, together providing for an opacity at planting of 60 percent and achieving 100 percent opacity within two years             of planting. The required opacity sH all be achieved to a height of six feet. All landscaping sH all be of an evergreen variety             (non-deciduous), except that existing native vegetation sH all be preserved if sufficient to meet opacity requirements. The required             landscaping sH all be located on the outside of the fence to the property. Landscaping requirements may be waived for those sides             of a communication tower that are adjacent to undevelopable property or that are not otherwise visible from off-site.
       
        n. An Impact Assessment Statement as required Section 910 of this Code sH all not be required of communication         towers conforming to the requirements of this Section.
      
        o. All applications for communication towers to be located in the Green Swamp Area of Critical State Concern sH all be accompanied         by a Green Swamp Impact Assessment Statement, pursuant to Section 503.
       
        p. Each owner or operator of a communication tower located in unincorporated Polk County sH all submit an annual         report to the Land Development Division on forms to be provided by the Land Development Division or other form containing the         same information that may be required by any other regulatory agency no later than January 31 of each year. The annual report sH all         contain the following information:
           
            i. The name of the owner and operator of the communication tower;
          
            ii. The name of the owner of the site upon which the communication tower is located;
           
            iii. The names of all service providers with antennas on the communication tower;
          
            iv. The current height of the communication tower;
          
             v. An affidavit indicating non-abandonment of the communication tower; and,
           
            vi. Such other information as indicated on the form provided by the Land Development Division.
   
    4. In addition to those towers indicated in the Use Tables [tables 2.1, 4.1, 4.3, 4.8, 4.11, 4.14, 4.15, 5. 2] as requiring a Level 2 Review,     the following also sH all be approved through a Level 2 Review:
       
        a. Communication towers which exceed district height limitations but do not exceed 65 feet in height. Those located in the Military         Compatibility Zone exceeding 50 feet in height may be permitted with a Level 2 Review if granted a variance by the Board of         Adjustment per Section 930 and 931 of this Code;
      
         b. Camouflaged structures;
       
        c. Communication towers being modified or rebuilt to accommodate the co-location of additional antennas sH all be reviewed as a         Level 2 Review provided that:
           
            i. The modified or rebuilt tower, including the added antenna, is no more than 20 feet taller than the original tower;
          
            ii. The modified or rebuilt tower is relocated to a location no more than 50 feet from the original tower and no closer to any off-site             residential structure or residential Future Land Use Map designation than the original tower;
           
            iii. Any prior Conditional Use Permit or Planned Unit Development approval, if any, for the original tower does not contain a             condition prohibiting relocation of or addition to the structure; and,
           
            iv. The original tower is removed from the site upon completion of the replacement tower in those cases where the original tower is             being rebuilt rather than modified.
  
     5. Communication towers proposed in Planned Development's sH all require a Level 3 Review through the Planned     Development approval process prior to construction of the tower.


    6. Any new tower proposed within the setbacks required by this Section sH all be treated as a Level 3 Review prior to     construction.
   
    7. The following setback requirements sH all apply to all communication towers constructed subsequent to the effective     date of this Code:
       
        a. Communication towers sH all be set back a distance equal to one times (1x) the height of the communication tower         from any off-site residential Future Land Use designation or the property line of any off-site residential structure.         Setbacks sH all be measured from the base of the communication tower. For the purposes of this provision, the Land Use         designation of Agriculture/Residential Rural (A/RR) sH all not be considered a residential Future Land Use designation.         The setback may be reduced by 50 percent if the off-site residential structure is non-conforming with the Land Use         Designation or if there is an intervening conforming structure of a non-residential nature.
      
         b. Setbacks from off-site non-residential structures and off-site non-residential Land Use designations sH all be governed by minimum         district setback requirements.
       
        c. Setbacks for communication towers located in Planned Developments sH all be established during the Planned Development review         and approval process. For communication towers proposed in existing Planned Developments, a Major Modification sH all         be required to determine placement and setbacks.
       
        d. Setbacks for guy wires, equipment buildings and other facilities supporting communication towers sH all satisfy         minimum district setback requirements rather than the setback requirements for communication towers.
   
    8. Applicants for Level 2 and Level 3 Reviews sH all apply to the Land Development Division and sH all provide the information set forth in     this Section. Applicants for Level 2 Review sH all submit 12 sets and Level 3 Review sH all submit 17 sets

    of the following:
       
        a. A 24" X 36" and 8.5" X 11" scaled site plan, including two elevations. The
            site plan sH all be signed and sealed by an appropriate licensed professional and sH all meet the following specifications:
           
            i. Each page sH all be numbered.
           
            ii. Lettering sH all be a minimum 3/32" in height.
           
            iii. A north arrow and legend sH all be included on each sheet of the site plan.
           
            iv. The scale sH all be 1"= 60' or larger.
           
            v. Topographic contours sH all be shown at one foot intervals based on Mean Sea Level datum.
           
            vi. The location and dimensions of all existing and proposed structures and uses on the site, including driveways,             fences and parking areas, sH all be indicated, as well as the setbacks of existing and proposed structures from             adjacent properties and road rights-of-way. Setbacks from road rights-of-way sH all be measured from right-of-way             centerlines.
           
            vii. The geodetic coordinates of the proposed communication tower sH all be indicated.
           
            viii. The name, location, and width of all roads adjacent to or on the site, whether existing or platted, sH all be             indicated. The location and width of all easements adjacent to or on the site sH all also be indicated.
           
            ix. Wetlands and water bodies located within a distance from the proposed communication tower equal to two times             the height of the proposed tower sH all be indicated. All communication towers and supporting facilities sH all be             located at minimum of 50 feet from any wetlands identified. If any wetlands are located within this distance and on             the site, a wetlands survey signed and sealed by a registered Professional Surveyor and Mapper sH all be included.
           
            x. Floodplain management information and flood zones sH all be delineated if the site is located within a flood plain.
           
            xi. The date of preparation of the site plan, as well as any revisions, and the name of the person who prepared the plan sH all be             indicated.
       
        b. A landscape plan reflecting proposed buffering meeting the requirements of this Section or Section 720, whichever is         greater.
       
        c. A certified property boundary survey.
       
        d. A map indicating the Future Land Use designations, as well as actual uses, of property within a distance from the         proposed communication tower equal to the height of the proposed tower.
       
        e. A map depicting all structures within the applicant’s search ring equal to or greater than 75 percent of the height         represented by the applicant as being required for its proposed tower, along with an affidavit indicating whether or not         such structures are available or sufficient to accommodate the applicant’s proposed antenna.
       
        f. An affidavit certifying that all requirements of the Joint Airport Zoning Board have been satisfied and indicating the status of any         FAA applications for the proposed tower.
       
        g. Such other information as the Land Development Division reasonably deems necessary to adequately review the application.
       
        h. The Planning Commission may consider the following items for granting the C3 approval.
           
            i. The standards in Section 910A.1-4, the compatibility standards for the Impact Assessment Statement;
          
             ii. Setbacks to residential uses;
           
            iii. Alternative land use districts available for the tower in the search ring;
           
            iv. Site issues, including parcel size, location on the parcel, natural buffers and access; and
           
            v. Evidence such as photo simulation or other visual analysis that the proposed site is sited and designed to minimize             any negative visual impacts on adjacent properties.