23-018 1
2 ORDINANCE NO. 23-018
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5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
6 THE LAND DEVELOPMENT REGULATIONS; CHAPTER 3, ARTICLE V, SECTION
7 13. WIRELESS COMMUNICATION FACILITIES, TO ALLOW FOR AN ANNUAL
8 REGISTRATION PROCESS AND FEE; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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12 WHEREAS,the City's current Land Development Regulations require an annual registration
13 and certification of wireless communication facilities; however, it does not outline or regulate the
14 registration standards and/or necessary information; and
15 WHEREAS, staff is proposing to amend Section 13. "Wireless Communication Facilities
16 (WCF)"to define the requirements and establish associated fees required for an annual registration
17 provided by a Wireless Communication Facility owner and service operator/provider; and
18 WHEREAS, additionally, staff proposes to amend the standards of an unused facility
19 and WCF on a publicly-owned property; and
20 WHEREAS, the City Commission of the City of Boynton Beach has considered the
21 recommendations and has determined that it is in the best interest of the citizens and residents of
22 the City of Boynton Beach, Florida to approve the amendments to the Land Development
23 Regulations as contained herein.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
27 confirmed by the City Commission.
28 Section 2. the City of Boynton Beach Land Development Regulations, Chapter 3.,
29 Article V., Section 13, Wireless Communication Facilities are hereby amended as follows:
30 CHAPTER 3. ZONING
31 ...
32 ARTICLE V. SUPPLEMENTAL REGULATIONS
33 ...
34 Sec. 13. Wireless Communication Facilities (WCF).
35 WCF means any manned or unmanned location for the transmission and/or reception of radio
36 frequency signals, or other wireless communications, or wireless data transmission/reception, and
37 usually consisting of an antenna or group of antennas, transmission cables, and equipment
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38 cabinets, and may include an antenna support structure. WCF include developments containing
39 new, mitigated, pre-existing antenna support structures, or co-location on existing antenna
40 support structures, and include attached WCF, concealed WCF, and non-concealed WCF.
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42 —e 7. Zoning Districts and Affiliated Process (Table 3-29).
43 ...
44 f 8. Maximum Heights of WCF (Table 3-30).
45 ...
46 g 9. Setbacks and Separation Between WCF (Table 3-31).
47 ...
48 G. Publicly-Owned Property.
49 1. Agreements. If an applicant requests a permit to locate a WCF on a city-owned property,
50 the permit granted hereunderWCF shall not become effective until the applicant and the
51 jurisdiction-have executed a written agreement or lease in a form acceptable to the City Attorney
52 setting forth the particular terms and provisions under which the permit to occupy and use the
53 public lands of the jurisdiction will be granted, and releasing the city from all liability regarding
54 WGF.
55 2. Occupancy or Use. No permit granted under this section shall convey any exclusive right,
56 privilege, permit, or franchise to occupy or use the publicly owned sites of the jurisdiction for
57 delivery of telecommunications services or any other purpose.
58 a. No permit granted under this section shall convey any right, title or interest in the
59 public lands, but shall be deemed a permit only to use and occupy the public lands for the
61 conveyance of a title interest in the property.
62 ...
63 I. Annual Registration and Certification.
64 To enable the city to keep accurate, up-to-date records of the placement of WCF within the city,
65 the owner and service operator/provider of each WCF shall submit the following to the Director
66 of Planning and Zoning or designee no later than October 1 of each year: WCF owners shall file
67 annually with the Director of Planning and Zoning or designee a declaration as to the continuing
68 operation (with active antennas) of their facilities located within the city. Said declaration shall
69 include a listing of all WCF users, names, and mailing addresses, and any additional information
70 deemed appropriate by the city.
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71 1. A certified written statement by an engineer that the facility is structurally sound and
72 conforms to the requirements of the Florida Building Code and all other construction
73 standards provided by local, state, and federal law;
74 2. The number and names of operators and providers located in the WCF,
75 3. Documentation of the type and use of all antennas;
76 4. The name, address, and telephone number of the WCF owner; and
77 5. Payment of an annual registration fee, as set forth in the Planning and Zoning Division
78 Fee Schedule.
79 1. Continued Structural Integrity. Within sixty (60) days following a catastrophic Act of God
80 or other emergency that affects the structural integrity of the antenna support structure, as
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82 -••-- - --- - e - - - - - - - - - --e. e . -e . -e
84 and licensed professional engineer, shall also be filed with the Director of Planning and Zoning or
85 designee.
86 2. Failure to File. Failure to timely file either the annual declaration or the
87 certificationannually shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus
88 subject to removal unless the owner and/or operator of WCF provide a written notice to the City
89 of any intent to continue, and drawings complying with this section.
90 J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection
91 is to address the compelling public interest in ensuring that WCF areis promptly disassembled,
92 dismantled, and removed once they are no longer used. There may be substantial risk that WCF
93 may cease being used in large numbers if there is a concentration or consolidation of
94 competitors within the industry or if even newer technologies arise, obviating the need for
95 antenna support structures. WCF that is abandoned or unused for a period of one hundred
96 twenty (120) days shall be removed. The owner and service operator/provider of WCF shall
97 provide a written notice of any intent to discontinue use of the facility or submit a copy of the
98 "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or
99 designee. WCF shall be removed within ninety (90) days of the cessation of use. WCF owners
100 and/or operators shall return the site to its natural state, or consistent with the current use of the
101 land at the time of removal.
102 If unsafe WCF is not removed within the time frame specified in the notice, the City's Building
103 Official shall determine the proper action in accordance with the City's Administrative
104 Amendments to the Florida Building Code. If WCF is abandoned or unused, it shall follow the
105 procedure as established in Chapter 10, Article II. Abandoned Property of Part II. Code of
106 Ordinances.
107 WCF that arc abandoned or unused for a period of one hundred twenty (120) days shall be
108 removed as follows:
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109 . A e. - _ A _. __ •-• . _ - . . . - . e e . . _ _ .. _
110 Abandon" required by the FCC to the Director of Planning and Zoning or designee, and remove
111 its own equipment, including but not limited to the antenna support structure, antennas,
112 generators, and service facilities or cabinets, within ninety (90) days of the cessation of use. WCF
113 owners shall return the site to its natural state, or consistent with the current use of the land at
114 the time of removal;
1 15 2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning
1 16 or designee that the provider's obligations for its equipment in the right of way or public
117 easement or private property under this section have been lawfully assumed by another provider
118 who will make actual use of the WCF within thirty (30) days;
119 3. Proposal for Transfer to City. In the event of an abandonment of the WCF, WCF owners
120 may submit to the Director of Planning and Zoning or designee a proposal and instruments for
121 transferring ownership of its equipment to the city. If a provider proceeds under this clause, the
122 city may, at its option:
123 a. Assume ownership of the equipment for a ten dollar ($10.00) nominal consideration to
124 provider;
125 b. Require the provider, at provider's expense, to remove it; or
126 c. Require the provider to post a bond in an amount sufficient to reimburse the city for
127 reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider
128 who fails to comply with the preceding sentence and which for six (6) months remains unused
129 shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The city may
130 exercise any remedies and rights it has at law or in equity, including but not limited to, abating
131 the nuisance, taking possession of the equipment and restoring it to working condition, or
132 requiring removal of the equipment by the provider or by the provider's surety under any
133 required maintenance bond.
134 K. Inspection. The city reserves the right to require additional inspections if there is evidence
135 that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall
136 be conducted by a registered engineer. Based upon the results of an inspection, the Building
137 Official may require repair or removal of the WCF. Should the city have reason to believe WCF is
138 not in compliance with applicable building and electrical codes, the city may conduct periodic
139 inspections of the site to ensure structural and electrical integrity.
140
141 Section 3. Each and every other provision of the Land Development Regulations not
142 herein specifically amended, shall remain in full force and effect as originally adopted.
143 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict
144 with any provisions of this ordinance are hereby repealed.
145 Section 5. Should any section or provision of this Ordinance or any portion thereof be
146 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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147 remainder of this Ordinance.
148 Section 6. Authority is hereby given to codify this Ordinance.
149 Section 7. This Ordinance shall become effective immediately.
150 FIRST READING this 5th day of September, 2023.
151 SECOND, FINAL READING AND PASSAGE this) day of September, 2023.
152
153 CITY OF BOYNTON BEACH, FLORIDA
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155 YES. NO
156 Mayor-Ty Penserga ✓
157 (V
158 Vice-Mayor-Thomas Turkin /
159 v
160 Commissioner-Angela Cruz
161
162 Commissioner-Woodrow L. Hay
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164 Commissioner-Aimee Kelley .MbCC✓ i-Firvm
165
166 VOTE 1-1-0
167
168
169
170 ATTEST:
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174 Mayl 11eJesus, PA, MMC T.. - s
175 City I- Mayor
176
177y\1IDN N...1‘,11,1 APPROVED AS TO FORM:
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181
lc.31.';\\A- \91-�; David N. Tolces
182 l'%. .'••......•,\V .. Interim City Attorney
183 ` FlD�=-
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