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ORDINANCE NO. 18 -005
AN ORDINANCE OF THE CITY OF BOYN'TON BEACH, FLORIDA,
AMENDING CHAPTER 25.1, OF THE CITY CODE REGARDING
COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS -OF-
WAY; IMPLEMENTING THE ADVANCED WIRELESS
INFRASTRUCTURE DEPLOYMENT ACT; MAKING FACTUAL AND
LEGISLATIVE FINDINGS; ADOPTING AND AMENDING CITY
REGULATIONS RELATED TO, WITHOUT LIMITATION,
PLACEMENT, MAINTENANCE, AND REPLACEMENT OF
WIRELESS AND OTHER COMMUNICATIONS FACILITIES IN THE
CITY'S RIGHTS -OF -WAY, COLLOCATION OF SMALL WIRELESS
FACILITIES ON EXISTING UTILITY POLES, PLACEMENT OF
NEW UTILITY POLES, INSURANCE AND SURETY BOND
REQUIREMENTS, PERMITTING PROCEDURES AND
REQUIREMENTS, APPEALS, SAFETY REQUIREMENTS, WAIVERS,
REVIEW DEADLINES, DEFINITIONS, REGISTRATION OF
COMMUNICATIONS SERVICE PROVIDERS, AND FEES;
PROVIDING OBJECTIVE DESIGN STANDARDS; PROVIDING FOR
CITY COMMISSION . AUTHORITY, CODIFICATION,
SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted, and_ on June 23, 2017 the governor
Isigned into law, effective July 1, 2017, the Advanced Wireless Infrastructure Deployment Act
(the "Act "), codified at Florida Statutes § 337.401, which places certain limitations on local
7 government authority to regulate wireless communications facilities within the public rights -
l of -way; and
WHEREAS, the Act provides at Florida Statutes § 337.401(7)(d) that, "Except as
provided in this subsection, an authority may not prohibit, regulate, or charge for the
collocation of small wireless facilities in the public rights -of- way;" and
WHEREAS, passage of the Act necessitates that the City amend the City Code in
order to implement the Act, ensure that the City's regulations governing , wireless
communications facilities in the rights -of -way are consistent therewith, and to adopt new
regulations as are consistent with the Act; and
WHEREAS, the Act. at Florida. Statutes, § 337.401(7)(b)2. authorizes local
governments to adopt various types of regulations governing wireless facilities in the rights-
of-way, including but not limited to "objective design standards" that may require wireless
facilities to "meet reasonable location context, color, stealth, and concealment requirements,"
and "reasonable spacing and location requirements concerning the location of ground -
mounted e4uiplaient "; (aesthetics, landscaping, land use based location priorities, structural
design, and setbacks).
0224998A 306- 90018211
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WHEREAS, the Act substantially preserves local government authority to regulate
the installation of new utility poles in the public rights -of -way, providing at Florida Statutes §
337.401(7)(d)6. that, "Except as provided in subparagraphs 4 and 5, the installation of a utility
{pole in the public rights-of-way designed to support a small wireless facility shall be subject
to authority rules or regulations governing the placement of utility poles in the public rights -
of -way and shall be subject to the application:review timeframes in this subsection "; and
WHEREAS, the Act at Florida Statutes § 337.401(7)(b)5. does not apply to wireless
facilities on rights -of- way under the jurisdiction and control of the Florida Department. of
Transportation; and
WHEREAS, the Act at Florida Statutes § 337.401(7)(k) does not authorize wireless
facilities on rights -of- way in historic areas designated by the state or local government, and
"does not limit a local government's authority to enforce historic preservation zoning
regulations consistent with the preservation of local zoning authority under 47 U.S.C. §
332(c)(7), the requirement for facility modifications under 47 U.S.C. § 1455(a.), or the
National Historic Preservation Act of 1966, as amended, and the regulations adopted to
implement such laws"; and
WHEREAS, the Act authorizes a municipality to adopt by ordinance reasonable and
;nondiscriminatory provisions for insurance coverage, indemnification, performance bonds,
security funds, force majeure, abandonment, authority liability, or authority warranties; and
WHEREAS, the Florida Supreme Court held unanimously. in City of Hollywood v
[Hulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida
,Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant
municipalities "broad authority to enact ordinances under its municipal home rule powers"
and that "[ u ]nder its broad home rule powers, a municipality may legislate concurrently with
the Legislature on any subject which has not been expressly preempted to the State "; and
WHEREAS, the Florida Supreme Court recognized on June 22, 2017, in D 'Agastino
v. City of Miami (No. SC16 -645), that "a finding of express preemption -that the Legislature
has, specifically expressed its intent to preempt a subject through an explicit statement -is a
very high threshold to meet" and that "implied preemption involving a municipality's home
rule powers may be disfavored "; and
WHEREAS, the D 'Agastino Court held that one "must be careful and mindful in
attempting to impute intent to the Legislature to preclude a local elected governing body from
exercising its home rule powers," with Justice Pariente correctly explaining that "implied
preemption should be construed narrowly to comport with the Home Rule Powers Act and the
Florida Constitution ", and
WHEREAS, the Federal Telecommunications Act, 47 U.S.C. § 332(c)(7)(A)
preserves local zoning authority with respect to "decisions regarding the placement,
construction, and modification of wireless service facilities "; and
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WHEREAS, the City of Boynton Beach has a substantial and significant public
interest in regulating the siting of communication towers, communication antennas, and
wireless communication facilities to promote the public health, safety, aesthetics, and
general welfare; and
WHEREAS, the City of Boynton Beach has a substantial and significant public
interest in protecting residential areas and land uses from potential adverse impacts of
communication towers, communication antennas, and wireless communication facilities; and
WHEREAS, such public interest extends to protecting, preserving and maintaining
the health, safety and welfare of the users of the public rights -of -way, while also
protecting, preserving and maintaining the aesthetic character of areas where such rights- of-
way exist; and
WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential damage to
adjacent properties from tower or wireless communication facility failure through
1 engineering and careful siting; and
WHEREAS, the City finds that this Ordinance will advance the public health,
safety, and welfare,.and help to preserve the unique and extraordinary aesthetic qualities of
the City, all within the bounds of the Act and other state and federal laws governing
communications facilities.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA as follows:
SECTION 1. Recitals The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a part of this Ordinance.
SECTION 2. Amendment of City Code Part II, "Code of Ordinances ", Chapter 25.1,
"Communications Rights -of- Way ", of the City of Boynton Beach. Code of Ordinances be, and
the same are hereby amended as provided in Exhibit "A ", which is attached to this Ordinance,
end hereby incorporated by reference (words that are stricken out are deletions; words that are
Underlined are additions).'
SECTION 3. Codification and Reservation of Rights This Ordinance shall be incorporated
into the Boynton Beach City Code. Any section, paragraph number, letter and /or any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical and similar or like errors may be corrected, and additions, alterations, and
omissions not affecting the construction or meaning of this ordinance and the City Code may
be freely made. Adoption and codification of this ordinance does not waive the city's right to
contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness
of the Act or any part thereof and the city hereby reserves the right to contest and otherwise
challenge the Act.
Revisions made for second reading of ordinance.
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SECTION 4. Seve>rability If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions of this ordinance.
SECTION 5. Conflicts In the event of a conflict or conflicts between this Ordinance and any
other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as
allowable under the law.
SECTION 6. Effective date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all
existing and future applications for permits.
FIRST READING this 17 day of April, 2018.
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SECOND, FINAL READING AND PASSAGE this 1S day of May 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Joe Casello
VOTE
®a
l lud 'i th P e, CMC
Cit�- Clerk J
(C
4998.1306- 9001821}
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PART II. CODE OF ORDINANCES CHAPTER 25.1 - COMMUNICATIONS RIGHTS -OF -WAY
Sec. 25.1 -1 Title.
This Chapter shall be known and may be cited as the City of Boynton Beach Communications
Facilities in Public Rights -of Way Ordinance.
Sec. 25.1 -2. Intent and Purpose; Applicability to State - controlled Rights -of -Way
Intent and purpose. It is the intent of the city to promote the public health, safety
and general welfare by: (a) providing for the placement or maintenance of communications
facilities in the public rights -of -way within the city; (b) adopting and administering reasonable rules
and regulations not inconsistent with state and federal law, including Florida Statutes § 337.401
as it m be amended by the Advanced Wireless Deployment Act the city's home -rule authority,
and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other
federal and state law; (c) establishing reasonable rules and regulations necessary to manage the
placement or maintenance of communications facilities in the public rights -of -way by all
communications services providers; (d) protecting the city's unique and extraordinary aesthetic
qualities; and (e) minimizing disruption to the public rights -of -way. In regulating its public rights -
of -way, the city shall be governed by and shall comply with all applicable federal and state laws.
State - controlled rights -of -way. This chapter shall apply to wireless and
communications facilities in public rights -of -way under the control and jurisdiction of the city. This
article shall also apply to wireless and communications facilities in public rights -of -way under the
control and jurisdiction of the Florida Department of Transportation, provided that the City is
authorized to apply this article under a permit - delegation agreement between the city and
Department in accordance with F.S. Pi 337.401 (1)(a). or as otherwise provided by law.
Sec. 25.1 -3. Definitions.
(1) Generally. For purposes of this chapter, the following terms, phrases, words and
their abbreviations and derivations shall have the meaning given herein, unless otherwise
expressly stated. When not inconsistent with the context, words used in the present tense include
the future tense; words in the plural number include the singular number; and words in the singular
number include the plural number; and the masculine gender includes the feminine gender. "And"
and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory,
and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter
shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined
therein, their common and ordinary meaning. References to governmental entities (whether
persons or entities) refer to those entities or their successors in authority. If specific provisions of
law referred to herein are renumbered, then the reference shall be read to refer to the renumbered
provision. References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances and regulations now in
force or hereinafter enacted or amended.
(2) Definitions:
Abandonment shall mean the permanent cessation of all uses of a communications facility;
provided that this term shall not include cessation of all use of a facility within a physical structure
where the physical structure continues to be used. For example, cessation of all use of a cable
100225062.2 306- 90018211 Page 1 of 32
within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility
in public rights -of -way.
Antenna means any transmitting or receiving device mounted on, within, or incorporated into a
or structure and used in communications that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals), light, wireless
telecommunications signals or other communication signals. For the purposes of this , the term
"antenna" does not include any device designed for over - the -air reception of radio or television
broadcast sianals. or multi - channel multi -point distribution service.
Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted
by a recognized national code organization and the Florida Building Code and the Florida Fire
Prevention Code and or local amendments to those codes enacted to address building,
accessibility and fire code standards and threats of destruction of property or injury to persons, or
local codes or ordinances adopted to implement this subsection. The term includes objective
design standards adopted by ordinance that may require a small wireless facility to meet
reasonable location context, color, stealth, and concealment requirements. The term also
includes objective design standards adopted by ordinance that may require a new utility pole that
replaces an existing utility pole to be of substantially similar design, material, and color or that
may require reasonable spacing requirements concerning the location of ground- mounted
equipment.
Applicant means the person registering and applying to locate wireless facilities in the right -of-
wav of the citv and includes the applicant's successors -in- interest and anvone ownina and
maintainina the wireless facilities.
Application means a request submitted by an application to an authority for a permit to place or
co- locate wireless facilities.
Authority means a county or municipality having jurisdiction and control of the public rights -of -way
of anv public road.
City shall mean the City of Boynton Beach, Florida. Where appropriate, the word "City" may refer
to the City Commission or the relevant City officer or Board considering an application under this
chapter.
City -owned real property means real property to which the city holds title, easement, or a
leasehold interest, but does not include the public rights -of -way.
City -owned facility or city -owned structure means any facility, structure or infrastructure to which
the city holds title, easement, or a leasehold interest, includinq, but not limited to, communications
facilities, utility poles, towers, buildings, and communications infrastructure, regardless of whether
located within or outside the public rights -of -way.
Cluttered shall mean placement in a confused, disordered, disorganized, or Mumbled or crowded
state, which can occur when too much is located in too small of an area given the reasonable
location context.
Collocation means to install, mount, maintain modify, operate, or replace one or more wireless
facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does
100225062.2 306- 90018211 Page 2 of 32
not include the installation of a new utility pole or wireless support structure in the public rights -
of -way.
Communications Services shall mean the transmission, conveyance or routing of voice, data,
audio, video, or any other information or signals to a point, or between or among points, by or
through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now
in existence or hereafter devised, regardless of the protocol used for such transmission or
conveyance.
Communications Services Provider shall mean any person, including a municipality or county,
providing communications services through the placement or maintenance of a communications
facility in public rights -of -way. Communications Services Provider shall also include any person,
including a municipality or county, that places or maintains a communications facility in public
rights -of -way but does not provide communications services.
Communications FacilityLlesj or Facility or System(s) shall mean any permanent or temporary
physical plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts,
fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults,
drains, surface location markers, appurtenances, and other equipment or pathway placed or
maintained or to be placed or maintained in the public rights -of -way of the city and used or capable
of being used to transmit, convey, route, receive, distribute, provide or offer communications
services. The term includes wireless facilities.
Concealed means an ancillary structure, equipment compound, or communications facility or area
(collectively "physical improvements ") that is not readily identifiable as such, and is designed to
be aesthetically compatible with existing and proposed building(s) and uses on and adjacent to
the proposed location of such physical improvements.
FCC shall mean the Federal Communications Commission.
In Public Rights -of -Way or in the Public Rights -of -Way shall mean in, on, over, under or across
the public rights -of -way.
Maintain shall mean to exercise physical control over a wireless facility in the public rights -of -way,
including ownership or the right to maintain and repair. A person providing service only through
resale or only through use of a third party's unbundled network elements is not "maintaining" the
wireless facilities through which such service is provided. The transmission and receipt of radio
frequency signals through the airspace of the public rights -of -way does not constitute
"maintaining" facilities in the public rights -of -way.
Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches
in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer
than 11 inches.
Ordinance shall mean this Ordinance.
Pass - through provider means any person who, upon registering with the city, places or maintains
a communications facility in the city's rights -of -way and that does not remit communications
service taxes as imposed by the citv pursuant to Florida Statutes Ch. 202.
100225062.2 306- 90018211 Page 3 of 32
Permit means the public rights -of -way permit that must be obtained before a person may construct
in the public rights -of -way and shall include, but not be limited to, the City's public rights -of -way
engineering and construction permits issued by the City Engineer or his or her designee.
Person shall include any individual, child, firm, association, joint venture, partnership, estate, trust,
business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind,
successor, assignee, transferee, personal representative, all other groups or combinations, and
shall include the city to the extent the city acts as a communications services provider.
Place or maintain or placement or maintenance or placing or maintaining shall mean to erect,
construct, install, maintain, grade, excavate, place, repair, extend, replace, expand, remove,
occupy, locate or relocate. A communications services provider that owns or exercises physical
control over communications facilities in public rights -of -way, such as the physical control to
maintain and repair, is placing or maintaining the facilities. A party providing service only through
resale or only through use of a third party's unbundled network elements is not placing or
maintaining the communications facilities through which such service is provided. The
transmission and receipt of radio frequency signals through the airspace of the public rights -of-
way does not constitute placing or maintaining facilities in the public rights -of -way.
Pole Attachment means any attachment of a wireless facility by a wireless provider to an existing
utility pole or structure utilized for electric, telephone, cable television, street lights, or other
lighting, and other utilities.
Public Rights -of -Way shall mean a public right -of -way, public utility easement, public highway,
street, lane, bridge, sidewalk, road, waterway, tunnel, alley, or similar property regardless of which
governmental entity has jurisdiction and control over such for which the city is the authority that
has jurisdiction and control and may lawfully grant access to such property pursuant to applicable
law, and includes the surface, the air space over the surface and the area below the surface to
the extent the city holds a property interest therein. Public Rights -of -Way shall not include private
property. Public Rights -of -Way shall not include any real or personal city property except as
described above and shall not include city buildings, fixtures, poles, conduits, facilities or other
structures or improvements, regardless of whether they are situated in the public rights -of -way.
No reference herein, or in any permit, to public rights -of -way shall be deemed to be a
representation or guarantee by the city that its interest o9r other right to control the use of such
property is sufficient to permit its use for such purposes, and a registrant shall be deemed to gain
only those rights to use as are properly in the city and as the city may have the undisputed right
and power to give.
Registrant shall mean a communications services provider or other person that has registered
with the city in accordance with the provisions of this chapter.
Registration or Register shall mean the process described in this chapter whereby a
communications services provider provides certain information to the city.
Small wireless facility or small wireless facilities means a wireless facility that meets the following
aualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more than
6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna
and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in
volume: and
100225062.2 306- 90018211 Page 4 of 32
(b) All other wireless equipment associated with the facility is cumulatively no more than 28
cubic feet in volume. The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meters, concealment elements,
telecommunications demarcation boxes, ground -based enclosures, grounding equipment,
power transfer switches, cutoff switches, vertical cable runs for the connection of power and
other services, and utility poles or other support structures.
Stealth design means a method of camouflaging any antenna, wireless facilities, or other ancillary
supporting communications facility, including, but not limited to, supporting electrical, optical, or
mechanical, or other equipment, which enhances compatibility with adjacent land uses and which
is visually and aurally unobtrusive. Stealth design may include a repurposed structure.
Utility pole means a pole or similar structure that is used in whole or in part to provide
communications services or for electric distribution, street lights or other lighting, cable television,
traffic control, signage, or a similar function. The term includes the vertical support structure for
traffic lights but does not include a horizontal structure to which signal lights or other traffic control
devices are attached and does not include a pole or similar structure 15 feet in height or less
unless an authority grants a waiver for such.
Wireless facility or wireless facilities means equipment at a fixed location which enables wireless
communications between user equipment and a communications network, including radio
transceivers, antennas, distributed antenna systems ( "DAS "), wires, coaxial or fiber -optic cable
or other cables, regular and backup power supplies, and comparable equipment, regardless of
technological configuration, and equipment associated with wireless communications. The term
includes small wireless facilities and micro wireless facilities. The term does not include:
(a) The structure or improvements on, under, within, or adjacent to the structure on which the
equipment is collocated;
b) Wireline backhaul facilities: or
(c) Coaxial or fiber -optic cable that is between wireless structures or utility poles or that is
otherwise not immediately adjacent to or directly associated with a particular antenna.
Wireless infrastructure provider means a person who has been certificated to provide
telecommunications service in the state and who builds or installs wireless communication
transmission equipment, wireless facilities, or wireless support structures but is not a wireless
services provider.
Wireless provider means a wireless infrastructure provider or a wireless services provider.
Wireless services means anv services provided usina licensed or unlicensed spectrum. whether
at a fixed location or mobile, using wireless facilities.
Wireless services provider means a person who provides wireless services.
Wireless support structure means a freestanding structure, such as a monopole, a guyed or self -
supporting tower, or another existing or proposed structure designed to support or capable of
supporting wireless facilities. The term does not include a utility pole.
100225062.2 306- 90018211 Page 5 of 32
Sec. 25.1 -4. Registration for Placing or Maintaining Communications Facilities in Public
Rights -of -Way.
(1) A communications services provider that desires to place or maintain a
communication facility in public rights -of -way in the city shall first register with the city in
accordance with this chapter. Subject to the terms and conditions prescribed in this chapter, a
registrant may place or maintain a communication facility in public rights -of -way. A
communications services provider with an existing communications facility in the public rights -of-
way of the city as of the effective date of this ordinance shall comply with this chapter registration
requirements within sixty (60) days from the effective date of this chapter, or be in violation thereof.
(2) A registration shall not convey any title, equitable or legal, to the registrant in the
public rights -of -way. Registration under this chapter governs only the placement or maintenance
of communications facilities in public rights -of -way. Other ordinances, codes or regulations may
apply to the placement or maintenance in the public rights -of -way of facilities that are not
communications facilities. Registration does not excuse a communications services provider from
obtaining appropriate access or pole attachment agreements before locating its facilities on the
city's or another person's facilities. Registration does not excuse a communications services
provider from complying with all applicable city ordinances, codes or regulations, or submitting
right -of -way permit applications, including this chapter.
(3) Each communications services provider that desires to place or maintain a
communication facility in public rights -of -way in the city shall file a single registration with the city
which shall include the following information:
(a) Name of the applicant;
(b) Name, address, email address and telephone number of the applicant's
primary contact person in connection with the registration, and the person to
contact in case of an emergency;
(c) Evidence of the insurance coverage required under this chapter and
acknowledgement that registrant has received and reviewed a copy of this chapter,
which acknowledament shall not be deemed an aareement:
(d) A copy of the applicant's certificate of authorization or license to provide
communications services issued by the Florida Public Service Commission, the
Federal Communications Commission, or other federal or state authority, if any;
(e) For an applicant that does not provide a Florida Public Service Commission
certificate of authorization number, if the applicant or registrant is a corporation or
limited liability company proof of authority to do business in the State of Florida,
including the number of the certificate of incorporation;
(4) The Utilities and Engineering Departments shall review the information submitted
by the applicant. If the applicant submits information in accordance with subsection (3) above, the
registration shall be effective and the city shall notify the applicant of the effectiveness of
registration in writing. If the city determines that the information has not been submitted in
100225062.2 306- 90018211 Page 6 of 32
accordance with subsection (3) above, the city shall notify the applicant of the non - effectiveness
of registration, and reasons for the non - effectiveness, in writing. The city shall so reply to an
applicant within thirty (30) days after receipt of registration information from the applicant. Non -
effectiveness of registration shall not preclude an applicant from filing subsequent applications for
registration under the provisions of this section.
(5) Cancellation of Registration A registrant may cancel a registration upon written
notice to the city stating that it will no longer place or maintain any communications facilities in
public rights -of- way within the city and will no longer need to obtain permits to perform work in
public rights -of- way. A registrant cannot cancel a registration if the registrant continues to place
or maintain any communications facilities in public rights -of -way.
(6) Limited Rights conferred by Registration. Registration shall not in itself establish
any right to place or maintain or priority for the placement or maintenance of a communication
facility in public rights -of -way within the city, but shall establish for the registrant a right to apply
for a permit, if permitting is required by the city. Registrations are expressly subject to any future
amendment to or replacement of this chapter and further subject to any additional city's
ordinances, as well as any state or federal laws that may be enacted.
(7) A registrant shall renew its registration with the city by April 1 of even numbered
years in accordance with the registration requirements in this chapter, eXGept that a registrant th- at
nitially registers during the even numbered year when renewal would be due er the edd numb
diately preGeding SUGh even numbered year shall not be required to renew unto! the
r o.,or, numbered year Within thirty (30) days of any change in the information required to be
submitted pursuant to subsection (3), except, as of October 1, 2001, subsection (3)(c), a registrant
shall provide updated information to the city. If no information in the then- existing registration has
changed, the renewal may state that no information has changed. Failure to renew a registration
may result in the city restricting the issuance of additional permits until the communications
services provider has complied with the registration requirements of this chapter.
(8) In accordance with applicable city ordinances, codes or regulations and this
chapter, a right -of -way utilization permit and a building permit shall be required of a
communications services provider that desires to place or maintain a communication facility in
public rights -of -way. An effective registration shall be a condition precedent to obtaining a permit.
Notwithstanding an effective registration, permitting requirements shall continue to apply. A permit
may be obtained by or on behalf of a registrant having an effective registration if all permitting
requirements are met. Individual rights -of -way permits shall be obtained from the Department of
Engineering on appropriate form currently in use.
(9) A registrant that plaGes er maintains GOMmuniGations faGilities on the publiG right
way shall be required to pay GOMpensation to the G as required by appliGable law and
ord of the pity
City -owned Structures, Facilities, and Real Property. The city may construct or
designate existing city -owned structures, facilities, and real property, within the public rights -of-
way, including any accompanying equipment or communications facilities necessary to provide
communications services via such structures, facilities, or real property, for the purpose of housing
Privately or publicly owned antennas and other communications facilities, or to provide
communications services to, or support the provision of communications services by, providers
of communications services within the city. The city may also allow the placement of an antenna
or other communications facilitv upon a citv owned structure or real orooerty. or otherwise allow
100225062.2 306- 90018211 Page 7 of 32
the use of city -owned facilities outside of the rights -of -way, upon such terms as the city may deem
acceptable, in writing, and subject to such rental, use, utility, license, or other fees as may be
consistent with the law and established by the citv commission via resolution.
(a) In the interests of facilitating the safe, efficient, and aesthetically desirable
use of the public rights -of -way, and to otherwise avoid the negative effects upon the public
welfare of, and address safety concerns relating to, proliferation of structures within the
rights -of -way, the city may, in a competitively neutral and nondiscriminatory manner, offer
to an applicant who wishes to install, construct, place, or maintain an antenna or other
communications facility in the public rights -of -way, to place or co- locate such antenna or
communications facility upon or within a city -owned structure outside of the rights -of -way
where feasible. Such antenna or communications facility shall meet the requirements of
this chapter.
The city reserves and does not waive any right that the city may have in its
capacity as a property owner or utility provider with respect to city -owned structures,
facilities, and real property, and may exercise control over such to the extent not prohibited
by law. When the city allows the placement of communications facilities upon, or the use
of, city -owned structures, facilities, and real property, the city shall be deemed to be acting
within its proprietary capacity or capacity as a utility provider, as appropriate and otherwise
consistent with the law. The provisions of this article shall not limit the city's discretion with
respect to the use, installation, construction, placement, or maintenance of city -owned
structures, facilities, and real property, subject to 337.401(7)(f), Florida Statutes
Sec. 25.1 -5. Transfer, Sale or Assignment of Assets in Public Rights -of -Way.
(1) If a registrant transfers, sells or assigns its assets, located in public rights -of -way
incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer or
assignee shall be obligated to comply with the terms of this chapter. Written notice of any such
transfer, sale or assignment shall be provided by such registrant to the city within twenty (20) days
after the effective closing date of the transfer, sale or assignment. If the transferee, buyer or
assignee is a current registrant, then the transferee, buyer or assignee is not required to re-
register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer
or assignee shall register as provided in Section 25.1 -2- 4 within sixty (60) days of the transfer,
sale, or assignment.
(2) If permit applications are pending in the registrant's name, the transferee, buyer or
assignee shall notify the Engineering and Utilities Departments that the transferee, buyer or
assignee is the new applicant.
(3) Any encumbrance on the communications facilities of the registrant in the public
rights -of -way shall be subject and subordinate to the rights of the city under this chapter and
applicable law.
Sec. 25.1 -6. Placement or Maintenance of a Communication Facility in Public Rights -of-
Way.
M Prohibitions.
(a) No communications services facilities or other communications facilities shall be
installed in the City's rights -of -way without a right -of -way utilization permit.
100225062.2 306- 90018211 Page 8 of 32
Wireless facilities, other than small wireless facilities and micro wireless facilities,
are prohibited within the public rights -of -way.
(C) To comply with clear zone requirements and the safe operation of traffic control,
no wireless facilities or other communications facilities shall be closer than 8 feet from the
street curb or edge of pavement if no curb is present.
Wireless facilities are prohibited within the public rights -of -way of roadways and
railways under the jurisdiction and control of the Florida Department of Transportation unless
approved by the City, as provided in any agreement between the City and the Florida
Department of Transportation.
(e) Wireless facilities are prohibited on arms used to support or mount traffic control
signals and warning signals and on arms attached to utility poles.
Wireless facilities are prohibited in the rights -of -way of any geographic area
approved as an historic district either by the city, the State of Florida, or listed on the National
Register of Historic Places that were adopted by Ordinance on or before April 1, 2017 unless:
1. The city's Historic Preservation Board recommends approval of the method to
deploy the wireless facilities in stealth so as not to detract from contributing historic
structures and the ambiance of the district; and
2. The City accepts the recommendation and approves of the application.
L(41 Wireless facilities are prohibited on utility poles or similar structures 15 feet or less
in height unless incorporated into and hidden in the pole under a top mounted street light.
Wireless facilities may not block or interfere with the view of signs of commercial
businesses or street signs.
Wireless facilities, excluding micro wireless facilities, shall not be suspended on
cables strung between existing utility poles in the City.
The applicant or applicant's successor must agree to remove the wireless facilities at any
time if warranted by public health or safety as determined by the City.
Grounds for denial. The City may deny a proposed collocation of a small wireless facility
in the public rights -of -way if the applicant fails to comply with any provision of this chapter or if the
proposed collocation:
(a) Materially interferes with the safe operation of traffic control equipment;
Materially interferes with sight lines or clear zones for transportation, pedestrians,
or public safety purposes:
(C) Materially interferes with compliance with the Americans with Disabilities Act, or
similar federal or state standards and reaulations reaardina pedestrian access or movement:
100225062.2 306- 90018211 Page 9 of 32
Materially fails to comply with the most current edition of the Florida Department
of Transportation Utility Accommodation Manual; or
(e) Fails to comply with applicable codes.
M(4) A_ registrant or applicant shall at all times comply with and abide by all applicable provisions
of the state, federal and local law and city ordinances, codes and regulations in placing or
maintaining a communication facility in public rights -of -way. The burden of proof shall at all times
be on an applicant to establish compliance with reauirements under this chapter and state and
federal law.
R4 5) A registrant shall not I ace commence to place or maintain a communication facility in
public rights -of -way until all applicable permits, if any, have been issued by the city or other
appropriate authority, except in the case of an emergency. No wireless facility shall operate unless
the City has conducted a final inspection and issued a Certificate of Completion pursuant to the
Florida Building Code as adopted and amended.
(a) The term "emergency' shall mean a condition that affects the public's health, safety
or welfare, which includes an unplanned out -of- service condition of a pre- existing service.
Registrant shall provide prompt notice to the city of the placement or maintenance
of a communication facility in public rights -of -way in the event of an emergency, and shall be
required to apply for an after - the -fact permit within 30 days if a permit would have originally
been required to perform the work undertaken in public rights -of -way in connection with the
emergency.
(C) Registrant acknowledges that as a condition of granting such permits, the city may
impose reasonable rules or regulations governing the placement or maintenance of a
communication facility in public rights -of -way. Permits shall apply only to the areas of public
rights -of -way specifically identified in the permit. The ^it may iss a bl permit +„ ,.
indiyid al permits
Further, once the emergency is abated, the communications facility placed in the
Public right -of -way during the emergency shall be removed unless permitted without the
emergency as a basis.
Application Review; Decisions; Time - frames; Permit Duration
(a) Notification of Completeness. Within 14 days after receiving an application, the city
shall determine and notify the applicant by electronic mail to the email address provided in
the application as to whether the application is complete. If an application is deemed
incomplete, the city shall specifically identify the missing information. An application is
deemed complete if the city does not provide notification to the applicant within 14 days.
Application Review Period. The city shall approve or deny an application within 60
days after receipt of the complete application, or it is deemed approved in accordance with
F.S. � 337.401. If the city does not use the 30 -day negotiation period provided in Sub - Section
(7), "Alternative Collocations ", the parties may mutually agree to extend the 60 -day
application review period. The city shall grant or deny the application at the end of the
extended period.
100225062.2 306- 90018211 Page 10 of 32
(C) Permit Duration. A right -of -way utilization permit issued pursuant to an approved
application shall remain in effect for one (1) year unless extended by the city.
Notification Procedure.
M The city shall notify the applicant of approval or denial by electronic mail. The city
shall approve a complete application unless it does not meet the applicable codes.
If the application is denied, the city will specify in writing the basis for denial,
including the specific code provisions on which the denial was based, and send the
documentation to the applicant by electronic mail on the day the city denies the
application.
(e) Opportunity to Cure Deficiencies. The applicant may cure the deficiencies
identified by the city and resubmit the application within 30 days after notice of the denial is
sent to the applicant. If the curative information is not provided within such time frame, the
application will be considered withdrawn or closed. The city shall approve or deny the revised
application within 30 days after receipt or the application is deemed approved. Any
subseauent review shall be limited to the deficiencies cited in the denial.
Consolidated Applications. An applicant may file a consolidated application and
receive a single permit for the collocation of up to 30 small wireless facilities. If the application
includes multiple small wireless facilities, the city may separately address small wireless
facilitv collocations for which incomplete information has been received or which are denied.
Alternative Collocations.
(a) If an applicant seeks to place a wireless facility upon a city utility pole or seeks to
install a new utility pole, the city may, within 14 days after the date that a wireless facility
application is filed, request that the proposed location of the wireless facility be moved to
another location in the right -of -way and placed on an alternative utility pole or support
structure or may place a new utility pole, including for aesthetic or public safety reasons,
or a location outside the right -of -way on city -owned structures or property in accordance
with Section 25.1 -4 . The Citv may offer an alternative location in the riaht- of -wav for a
wireless facilitv for health. safetv. aeneral welfare. or aesthetic reasons.
The city and the applicant may negotiate the alternative location, including any
objective design standards and reasonable spacing requirements for ground -based
equipment, for 30 days after the date of the request. At the conclusion of the negotiation
period, if the alternative location is accepted by the applicant, the applicant must notify the
city of such acceptance and the application shall be deemed granted for any new location
for which there is agreement and all other locations in the application. If an agreement is
not reached, the applicant must notify the city of such non - agreement and the city shall
grant or deny the original application within 90 days after the date the application was filed.
A request for an alternative location, an acceptance of an alternative location, or a
resection of an alternative location shall be in writing and provided by electronic mail.
Application requirements.
100225062.2 306- 90018211 Page 11 of 32
(a) Except as otherwise provided herein, a permit to construct or install wireless
facilities or other communications facilities in the public rights -of -way shall not be granted
except upon administrative review and approval pursuant to the requirements of this
Chapter.
k34 b) As part of any permit application to place a new or replace an existing
communications facility in public rights -of -way, the registrant shall provide the following:
/�7-) 4 permit application to plane a new er replano an existing nnmmu niGations
fa Gility in p blip rights of way shall O nGl irl p l an s showing the In ationn of the
proposed installation of facilities in the p uhliG rights _of_wa Plans submittal. For
each proposed wireless facility location, submit plans signed and sealed by a
Florida Registered Professional Engineer, or prepared by a person who is exempt
from such registration requirements as provided in Florida Statutes � 471.003
showing:
a. The location of each proposed communications facilit
b. True -to -scale site plan depicting all physical improvements
including property lines within a 40 foot radius;
c. A graphical depiction of each proposed communications facility to
be installed;
d. The size of each proposed communications facility;
e. The specifications for each communications facility; and
f. Existing utilities in the immediate vicinity.
47-) (2) The plans shall be in a hard copy format or an electronic format
specified by the city, provided such electronic format is maintained by the
registrant. Such plans in a format maintained by the registrant shall be provided at
no cost to the city. The plans shall be in a digitized format showing the two -
dimensional location of the facilities based on the city's geographical database, or
other format acceptable to the city. The city shall maintain the confidentiality of
such plans and any other information provided in accordance with Florida Statutes
§ 202.195, as it may be amended.
47)(3) If the actual installation deviates or will deviate from the submitted
plans due to unforeseen conditions or any other reason, the registrant shall
promptly provide revised plans.
{b)f!�) A description of the manner in which the communications facility will
be installed (i.e. anticipated construction methods or techniques);
100225062.2 306- 90018211 Page 12 of 32
A description of the stealth design techniques proposed to minimize
the visual impact of the wireless communications facilitv:
kof§l A rna of traffic plan for a44y aintenance of any disruption
of the public rights -of -way;
{d)m Information on the ability of the public rights -of -way to
accommodate the proposed facility, if available (such information shall be provided
without certification as to correctness, to the extent obtained from other persons);
Mf§1 If appropriate given the facility proposed, an estimate of the cost of
restoration to the public rights -of -way;
{f)L The timetable for construction of the project or each phase thereof,
and the areas of the city which will be affected;
A $150.00 collocation fee per wireless facility per year for attachments to
an authority pole; and
{g)L11� Such additional information requested by t Got that the city finds
reasonably necessary with respect to the placement or maintenance of the
communications facility that is the subject of the permit application to review such
permit application.
Factors considered in -granting permit. In addition to any applicable requirements or
standards imposed by this code of ordinances, the following factors shall be considered in
determining whether to issue a permit to a registrant to place or maintain a communications facility
within the public rights -of -way, consistent with the requirements of Section 337.401(7), Fla.Stat.:
(a) Height and dimensions of the proposed communications facilit
Proximity of the communications facility to residential structures and residential
district boundaries, and the uses on those properties;
(c) Surrounding topography, tree coverage and foliage;
Compliance with the objective design standards set forth herein with particular
reference to design characteristics that have the effect of concealing, reducing, or
eliminatina visual obtrusiveness:
LM Proposed ingress and egress (where applicable);
The location context must be reasonable. Proximity to other structures within the
rights -of -way cannot create a hazardous or safety condition;
Proximity to and /or interference with other private or public uses within or outside
the rights -of -way, including, but not limited to, utilities, easements, traffic control
devices, and other uses; and
100225062.2 306- 90018211 Page 13 of 32
Suitability of the right -of -way or the proposed section of the right -of -way for the
proposed communications facility with reference to safety, engineering, and /or
aesthetic concerns.
Any other requirements set forth in this chapter.
Based upon a review of these factors, the City may still utilize the alternative collocation process
as provided in Sub - Section (7), herein.
Non - interference; Encouraged Technology; Additional Regulations.
{5}(a) All communications facilities shall be placed or maintained so as not to
unreasonably interfere with the use of the public rights -of -way by the public and
with the rights of property owners who adjoin any of the public rights -of -way.
{5}(b) All facilities shall be placed underground to the extent that similarly situated utilities
(electric, communications, etc.) are so required. The Git may require the use e
in the p blip r _of_way as well as joint trenching er the nn_IGGation of fa Gilitioc
, the existing Gendt The registrant shall be liable for the displacement, damage
or destruction of any property, irrigation system or landscaping as a result of the
placement or maintenance of its facility within the public rights- of- way. jf
may promulgate reasonable rules and regulations GenGerning the piaGernent E)F
this G h ap ter and other app law. All facilities shall be placed underground to
the extent not inconsistent with the rules of the Public Service Commission. The
use of trenchless technology (i.e., directional bore method) for the installation of
facilities in the public rights -of -way as well as joint trenching or the co- location of
facilities in existing conduit is strongly encouraged, and shall be employed
wherever feasible. Notwithstanding the foregoing, small wireless facilities and
micro wireless facilities and their associated support structures are exempt from
this undergrounding requirement.
(c) The city may promulgate additional reasonable rules and regulations concerning
the placement or maintenance of a communication facility in public rights -of -way
consistent with this chapter and other applicable law.
Requirements for Wireless and communications facilities.
Wireless and communications facilities shall be placed in the public riahts- of -wav pursuant to the
followinq requirements:
(a) Any aesthetic requirements and provisions of this chapter governing antennas
shall apply to wireless and communications facilities located within the right -of-
way.
It is strongly encouraged that wireless and communications facilities be concealed
and utilize stealth design, as defined by Chapter. Such stealth design and
concealment shall eliminate the need to locate any ground or elevated equipment
100225062.2 306- 90018211 Page 14 of 32
on the exterior of a pole, or other structure in order to preserve and promote the
unique aesthetic character of the city.
(c) In order to avoid the clustering of multiple items of approved ground equipment or
elevated equipment in a single area, only one equipment box may be located in
any single wireless and communication facility location. Where an applicant
demonstrates that undergrounding and stealth design and concealment goals
cannot be employed under this subsection and the city agrees with such
demonstration. the individual approved exterior eauioment boxes or containment
devices shall not exceed 28 cubic feet in volume and the configuration and
dimensions of such shall be the least visually obtrusive as possible. The use of
foliage and vegetation or other concealment method around any approved
equipment may be required by the city based on conditions of the specific area
where the equipment is to be located.
Insofar as wireless facilities are constructed underground, the wireless
infrastructure provider shall become a member of, and maintain membership in
Florida utilitv notification one call system. Wireless facilities shall have five -foot
horizontal clearance from other underground utilities and their appurtenances
unless applicant can demonstrate compliance with all Applicable Codes and non-
interference with existing underground facilities.
Objective Design Standards.
(a) Wireless facilities shall meet the following reasonable location, context, color,
stealth. and concealment reauirements. Desian standards may be waived if the
city determines that the design standards are not reasonably compatible for the
particular location of a wireless facility or that the design standards impose
excessive expense in relation to the aesthetic concerns of the City. The waiver
shall be aranted or denied within 45 days after the date of the reauest.
1. Any above - ground wireless facilities shall meet stealth design
requirements.
2. Wireless facilities may increase the height of a metal street light pole only
if the antenna is top- mounted and not wider than the pole, or if the antenna is
hidden in a cylinder that appears like an original part of the pole. A cellular antenna
shall not extend more than ten (10) feet above the utility pole or structure upon
which the wireless facility is to be collocated.
3. A new utility pole that replaces an existing utility pole shall be of
substantially similar design, material, and color as the existing utility pole unless
the existing pole is made of wood, which is no longer permitted.
4. The antennas and related equipment shall be in a color that will provide the
most camouflage as determined by the city. Ground based wireless facilities shall
be painted forest areen. unless determined otherwise by the citv. When on a black
pole, wireless facilities shall be painted black, unless determined otherwise by the
cif
100225062.2 306- 90018211 Page 15 of 32
I Wires serving the wireless facilities must be concealed within or flush
mounted to the pole on which the facilities are collocated and insulated in
accordance with applicable codes.
(b) Antennas placed upon structures within the rights -of -way must meet the following
additional requirements if stealth design, concealment, and this chapter's
requirements regarding such cannot be met:
1. Top mounted antennas and their enclosures must not extend more than
one quarter of the diameter of the supporting structure, beyond edge of the
supporting structure at the level of antenna attachment. Notwithstanding the
foregoing, the City will permit the antenna and enclosure so long as it meets the
volumetric requirements provided in State law; and
2. For public safety purposes, under no circumstances shall antennas be
mounted less than 12 feet above ground level.
3. Provide Photographs and Graphic or Simulated Renderings, as follows:
a. Photographs clearly showing the nature and location of the site
where each wireless or other communications facility is proposed to be
located including photographs showing the location and the relationship of
the communication facility to adjacent properties;
b. True -to -scale graphic depictions or simulated renderings accurately
representing the visual impact of the wireless communications facilities
when viewed from the street and from adjacent properties.
(c) Street light fixtures with stealth wireless facilities are encouraged to meet the
following standards:.
M On street lights, luminaires and bases should be roughly equal in size and
volume for a balanced appearance.
The decorative base of a street light should be between 10 -25% of the
height.
The length of arms extending from the base should be between 20 -25% of
pole height;
Arms should extend from the pole at a location within 20% of pole he
from the top of the pole.
Street light fixtures must meet AASHTO structural quidelines for roadway
application and ANSI requirements for vibrations.
New or replacement poles that support wireless or communications
facilities shall match the style, design, and color of the utility poles in the
surrounding area.
100225062.2 306- 90018211 Page 16 of 32
Size and Height Requirements. Pole height shall be measured from the ground to
the top of the utility pole, which measurement shall include any antennas built into
or appended to the utility pole. The size and height of new wireless or
communications facilities in the rights -of -way shall be no greater than the
maximum size and height of any other utility or light poles located in the same
portion of the right -of -way within the city other than a utility pole for which a waiver
has previously been aranted. measured from arade in place within 500 feet of the
proposed location of the small wireless facility. If there is no utility pole within 500
feet, the height of the utility pole shall be limited to 50 feet; provided, however, that
applicants proposing wireless or communications facilities with antennas to be
located on existing poles or other structures may increase the height of the existing
pole or other structure up to 10 feet, if necessary, to avoid adversely affecting
existing pole attachments. Additionally, the overall height, above ground, of any
wireless or communications facility shall not exceed 40 feet, or the existing height
of other utility or light poles located in the same portion of the right -of -way,
whichever height is less.
(e) Setback Requirements.
M Wireless and communications facilities shall be located at least ten feet
from a driveway, at least ten feet from the edge of existing trees 12 inches or
greater in diameter, at least 25 feet from a traffic signal pole unless mounted upon
such traffic signal pole, and at least 15 feet from any pedestrian ramp and 8 feet
from the street curb. The city may require greater setbacks from these and other
fixtures in the right -of -way to ensure proper sight lines for public safety purposes
and in other cases as deemed necessary to advance the purposes of this article.
If the right -of -way is within or abuts a residential zoning district, wireless
communication facilities must be located where the shared property line between
two residential parcels intersects the right -of -way, whenever possible unless an
unsafe condition, cluttered appearance, or other violation of this article would
result.
If the right -of -way is within or abuts a nonresidential district, wireless
facilities must be located between tenant spaces or adjoining properties where
their shared property lines intersect the right -of -way, whenever possible, unless an
unsafe condition, cluttered appearance, or other violation of this article would
result.
Waiver. The city engineer may waive any requirement under this section if the city
determines that such requirement is not reasonably compatible for the particular
location of a small wireless facility or that such requirement imposes an excessive
expense, or where the waiver serves the intent or purposes of this chapter. The
waiver shall be granted or denied within 45 days after the date of the request.
New Structures; Availability of Alternatives. For the placement of any new utility poles,
pole type structures, or other freestanding structure associated with any communications facility,
the City shall have the right to utilize the alternative collocation process as provided in Sub - Section
(7) of this Section, and as provided in Section 337.401(7), Fla.Stat.
100225062.2 306- 90018211 Page 17 of 32
{94(14) Limitations; No Property Right. A permit from the city constitutes authorization to
undertake only certain activities in public rights -of -way in accordance with this chapter, and does
not create a property right or grant authority to impinge upon the rights of others who may have
an interest in the public rights -of -way.
Construction; Maintenance; Safety; Restoration and Inspection.
40-) (a) A registrant shall maintain its communication facility in public rights -of -way
in a manner consistent with accepted industry practice and applicable law.
{ All safety practices required by applicable law or accepted industry
practices and standards shall be used during the construction, installation, placement or
maintenance of communications facilities.
M ) After the completion of any placement or maintenance of a communication
facility in public rights -of -way or each phase thereof, A- registrant shall, at its own
expense, restore the public rights -of -way to at least its original condition before such work.
a fter the nomnlo +inn of any nlanomon+ or main+onanno of a nnmrn mina +inn fanili +" in p b4G
rink +s _„f_way „r o nhqco +horonf If the registrant fails to make such restoration within
thirty (30) days, or such longer period of time as may be reasonably required under the
circumstances, following the completion of such placement or maintenance, the city may
perform such restoration as it deems necessary and charge all costs of the restoration
against the registrant in accordance with Florida Statutes § 337.402, as it may be
amended. For 12 months following the original completion of the work, the registrant shall
guarantee its restoration work and shall correct any improper restoration work at its own
expense that does not satisfy the requirements of this chapter for tw elve ( ment"s-
following the original nomnlo +inn of the wc)rL
o •
44-) (d) In connection with excavation in the public rights -of -way, a registrant shall,
where applicable, comply with the Underground Facility Damage Prevention and Safety
Act set forth in Florida Statutes Ch. 556, as it may be amended.
42) A registrant shall use and exercise due caution, care and skill in performing
work in the public rights -of -way and shall take all reasonable steps to safeguard work site
areas. The person constructing, installing, and maintaining wireless facilities must be a
licensed electrician, certified to work as a Iineworker, or successfully complete an
accredited Iineworker apprenticeship program.
44) (f) A registrant shall not place or maintain its communications facilities so as
to interfere with, displace, damage or destroy any utilities, including but not limited to,
sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other
person's facilities lawfully occupying the public rights -of -way of the city.
464 �9) The city shall have the right to make such visual inspections of
communications facilities placed or maintained in public rights -of -way as it finds necessary
to ensure compliance with this chapter. In the event the city determines that a violation
exists with respect to registrant's placement or maintenance of facilities in the public rights -
of -way that is not considered to be an emergency or danger to the public health, safety or
welfare, the city will provide registrant at least three (3) days written notice setting forth
the violation and requesting correction.
100225062.2 306- 90018211 Page 18 of 32
Modifications; Removal and Relocation; Antenna Co- locations.
(a) The grant of a permit under this chapter shall not limit the authority and discretion
of the city to regulate and control the public rights -of -way, and the city may at any time
require the removal or relocation of a communications facility within the rights -of -way in
the interests of the public welfare, health, or safety, or as otherwise authorized by law.
The wireless facilities provider must remove its wireless facilities within 30 days of notice
that the City will remove a utility pole.
{84 b) Removal or relocation at the direction of the city of a registrant's communications
facility in public rights -of -way shall be governed by applicable requirements of Florida
Statutes �� 337.403 and 337.404, as they may be amended, in addition to any other
applicable city regulations or provisions of law. Unless otherwise provided by law, this City
Code, or agreement, a registrant shall bear all costs of any removal or relocation of its
facilities.
43 Coordination of work; work schedule. In the interest of the public's health, safety
and welfare, upon request of the city, and as notified by the city of the other work,
construction, installation or repairs referenced below, a registrant shall coordinate
placement or maintenance activities under a permit with any other work, construction,
installation or repairs that may be occurring or scheduled to occur within a reasonable time
frame in the subject public rights -of -way. The city may require registrant to alter its
placement or maintenance schedule as the city determines to be reasonably necessary
so as to minimize disruptions and disturbance in the public rights -of -way. The city may
provide a more definite time frame based on individual city construction or maintenance
schedules.
05}fgtj No warranties; vacation of rights -of -way. The city makes no warranties or
representations regarding the fitness, suitability, or availability of the city's public rights -of-
way, city -owned structures, and city -owned real property for the registrant's
communications facilities and any performance of work, ar costs incurred by registrant or
provision of services shall be at registrant's sole risk. Nothing in this chapter shall affect
the city's authority to add to, vacate or abandon public rights -of -way, or add vehicular
travel lanes and the city makes no warranties or representations regarding the availability
of any added, vacated or abandoned public rights -of -way for communications facilities.
Alteration of Rights -of -Way; Other Work and Facilities in Rights -of -Way.
48-}1. The city reserves the right to place and maintain, and permit to be placed
or maintained, sewer, gas, water, electric, storm drainage, communications, and
other types of facilities, cables or conduit, and to do, and to permit to be done, any
underground and overhead installation or improvement that may be deemed
necessary or proper by the city in public rights -of -way occupied by the registrant.
48-) 2. Registrant shall, if registrant so agrees, allow the city facilities to be co-
located within the city's public rights -of -way through the use of a joint trench during
registrant's construction project. Such joint trench projects shall be negotiated in
good faith by separate agreement between registrant and the city and may be
subjected to other city rights -of -way requirements.
100225062.2 306- 90018211 Page 19 of 32
{ I M 3. The city further reserves without limitation the right to alter, change, or
cause to be changed, the grading, installation, relocation, or width of the public
rights -of -way within the limits of the city and within said limits as same may from
time to time be altered.
4-9} 4. A registrant shall, on the request of any person holding a permit issued by
the city, temporarily raise or lower its wireless or other communications facilities to
permit the work authorized by the permit. The expense of temporarily raising or
lowering facilities shall be paid by the person requesting the same, and the
registrant shall have the authority to require such payment in advance. The
registrant shall be given not less than thirty (30) days advance written notice to
arrange for such temporary relocation. If the city requests a temporary raising or
lowering of a facility for a public purpose, the city shall not be charged for the
temporary raising or lowering of the facility subject to 337.403 and 337.404, Florida
Statutes.
LM Replacement and maintenance of wireless facilities.
The city shall not require approval or require fees or other charges for:
a. Routine maintenance;
b. Replacement of existing wireless facilities with wireless facilities
that are substantially similar or of the same or smaller size: or
C. A communications service provider authorized to occupy the rights -
of -way and who is remitting taxes under chapter 202; or
d. Installation, placement, or replacement of micro wireless facilities
that are suspended on cable strung between existing utility poles in
compliance with applicable odes by or for a communications services
provider authorized to occupy the rights of way and who is remitting taxes
under chapter 202.
Notwithstanding this paragraph, for public safety the wireless provider must
give reasonable notice to the City Engineer before undertaking the activities of
replacement or maintenance, and a right -of -way permit shall be required for work
that involves excavation. closure of a sidewalk. or closure of a vehicular lane.
0fW Additional Authority; Permit Conditions. To the extent not otherwise prohibited by
state or federal law and this chapter, the city shall have the power to prohibit or limit the
placement of new or additional communications facilities within all or parts of the public
rights -of -way O f there crane to annnmmc) date all of the requests to plaGe and
maintain faGilities on that area of the publiG rights of way, for the preteGtien of existing
r'�oJ@GtS t ha �rrct the G aeteri nes are On the p bliG i nterest. The city may impose
reasonable conditions upon the grant of a permit, in addition to the specific requirements
of this code, as deemed appropriate to advance the intent or purposes of this chapter.
100225062.2 306- 90018211 Page 20 of 32
The approval of the installation, placement, maintenance, or operation of a small
wireless facility or other wireless facility pursuant to this chapter does not authorize the
installation, placement, maintenance, or operation of any communications facilities other
than small wireless facilities in the right -of -way.
Make -Ready for Collocation.
1. For a city utility pole that does not support an aerial facility used to provide
communications services or electric service, the applicant seeking to collocate a
small wireless facility shall provide a make -ready estimate at the applicant's
expense for the work necessary to support the small wireless facility, including pole
replacement, and perform the make -ready work. If pole replacement is required,
the scope of the make -ready estimate is limited to the design, fabrication, and
installation of a utility pole that is substantially similar in color and composition. The
city shall not condition or restrict the manner in which the applicant obtains,
develops, or provides the estimate or conducts the make -ready work subject to
usual construction restoration standards for work in the right -of -way. The replaced
or altered utility pole shall remain the property of the city.
2. The city shall not require more make -ready work than is required to meet
applicable codes or industry standards.
3. Fees for make -ready work shall not include costs related to pre - existing
damage or prior noncompliance. Fees for make -ready work, including any pole
replacement, shall not exceed actual costs or the amount charged to
communications service providers other than wireless services providers for
similar work and shall not include any consultant fee or expense.
4. Fees for make -ready work must be paid to the City, even if they exceed the
applicant's estimate, before the wireless facilities may be operational.
Sec. 25.1 -7 Suspension of Permits.
(1) Subject to Section 25.1 -8 below, the Director of Engineering, or his designee may suspend
a permit for work in the public rights -of -way for one or more of the following reasons:
(a) Failure to satisfy permit conditions, including conditions set forth in this chapter or
other applicable city ordinances, codes or regulations governing placement or
maintenance of communications facilities in public rights -of -way, including without
limitation, failure to take reasonable safety precautions to alert the public of work at the
work site, or to restore any public rights -of -way;
(b) Misrepresentation or fraud by registrant in a registration or permit application to
the city;
(c) Failure to properly renew or ineffectiveness of registration;
(d) Failure to relocate or remove facilities as may be lawfully required by the city;
(e) Failure to commence work within 180 days of securing permit; or
100225062.2 306- 90018211 Page 21 of 32
M Abandonment of project or suspension of work for more than 180 days.
After the suspension of a permit pursuant to this section, the Director of Engineering or
his designee shall provide written notice of the reason for the suspension to the registrant.
(Ord. No. 01 -29, § 9, 7 -3 -01)
Sec. 25.1 -8 Appeals.
(1) Final, written decisions of the Director of Engineering, or his designee, suspending or
denying a permit, denying an application for a registration or denying an application for renewal
of a registration are subject to appeal, as set forth in Chapter 1, Article VII, of the City's Land
Development Regulations, as amended.
(2) Nothing in the chapter shall affect the remedies the city has available under applicable
law.
(Ord. No. 01 -29, § 10, 7 -3 -01)
Sec. 25.1 -9. Conditional Use of Public Rights -of -Way.
(1) In the event registrant desires to use its existing facilities or to construct new facilities for
the purpose of providing other utility or non - utility services to existing or potential consumers or
resellers, by providing any other services other than the provisions other than the provision of
communications service, or for providing any other use to existing or potential consumers, a
registrant shall seek such additional and separate authorization from the city for such activities as
may be required by applicable law.
(2) To the extent that a registrant leases or otherwise uses the facilities of a person that is
duly registered or otherwise authorized to place or maintain facilities in the public rights -of -way of
the city, registrant shall make no claim, nor assert any right, which will impede the lawful exercise
of the city's rights, including requiring the removal of such facilities from the public rights -of -way
of the city, regardless of the effect on registrant's ability to place or maintain its own
communications facilities in public rights -of -way of the city.
(Ord. No 01 -29, § 11, 7 -3 -01)
Sec. 25.1 -10 Involuntary Termination of Registration.
(1) The city may terminate a registration if:
(a) A federal or state authority suspends, denies, or revokes a registrant's
certification or license to provide communications services;
(b) The registrant's placement or maintenance of a communications facility in the
public rights -of -way presents an extraordinary or unreasonable danger to the general
public or other users of the public rights -of -way and the registrant fails to remedy the
danger promptly after receipt of written notice; or
(c) The registrant ceases to use all of its communications facilities in public rights -
of -way and has not complied with section 25.1 -17 of this chapter.
100225062.2 306- 90018211 Page 22 of 32
(2) Prior to termination, the registrant shall be notified by the Director of Engineering,
or his designee, with a written notice setting forth all matters pertinent to the proposed termination
action, including which of subsections (a) through (c) above is applicable as the reason therefore,
and describing the proposed action of the city with respect thereto. The registrant shall have thirty
(30) days after receipt of such notice within which to address or eliminate the reason or within
which to present a plan, satisfactory to the Director of Engineering, or his designee, to accomplish
the same. If the plan is rejected, the Director of Engineering or his designee shall provide written
notice of such rejection to the registrant and shall make a recommendation to the City Commission
regarding a final decision as to termination of registration. A decision by the city to terminate a
registration may only be accomplished by an action of the City Commission. A registrant shall be
notified by written notice of any decision by the City Commission to terminate its registration. Such
written notice shall be sent within seven (7) days after the decision.
(3) In the event of termination, the former registrant shall: (a) notify the city of the
assumption or anticipated assumption by another registrant of ownership of the registrant's
communications facilities in public rights -of -way; or (b) provide the city with an acceptable plan
for disposition of its communications facilities in public rights -of -way. If a registrant fails to comply
with this subsection, the city may exercise any remedies or rights it has at law or in equity,
including but not limited to taking possession of the facilities, requiring the registrant's bonding
company within ninety (90) days of the termination to remove some or all of the facilities from the
public rights -of -way and restore the public rights -of -way to its original condition before the
removal, or requiring that some or all of the facilities be removed and the public rights -of -way
restored to its original condition before the removal at the registrant's expense.
(4) In any event, a terminated registrant shall take such steps as are necessary to
render safe every portion of the communications facilities remaining in the public rights -of -way of
the city safe.
(5) In the event of termination of a registration, this provision does not permit the city
to cause the removal of any communications facilities that are used to provide another service for
which the registrant holds a valid certification or license with the governing federal or state agency,
where required, and is properly registered with the city for such certificated or licensed service,
where required.
(Ord. No. 01 -29 § 12, 7 -3 -01)
Sec.25.1 -11. Existing Communications Facilities in Public Rights -of -Way.
A communications services provider with an existing communications facility in the public rights -
of -way of the city has sixty (60) days from the effective date of this chapter to comply with the
terms of this chapter
The provisions of this Chapter shall be applicable to all Communications Facilities placed in the
Public Rights -of -Way on or after the effective date of this Ordinance and shall apply to all
existing Communications Facilities placed in the Public Rights -of -Way prior to the effective date
of this Ordinance to the full extent permitted by Federal and State law, except that any provision
of this Chapter regarding the size, Stealth Design, concealment, or location of Communications
Facilities shall not apply to existing Communications Facilities lawfully placed within the Public
Rights -of -Way prior to the effective date of this Ordinance, to the extent that such
Communications Facilities may be Maintained, repaired, and replaced with a Communications
Facility substantially similar in size and for the same purpose.
100225062.2 306- 90018211 Page 23 of 32
Sec. 25.1 -12. Insurance.
(1) A registrant shall provide, pay for and maintain satisfactory to the city an
acceptable policy or policies of liability insurance, including comprehensive general liability
insurance, products /completed operations liability, personal injury liability, owners and contractors
Protective liability, broad form property damage, contractual liability, automobile liability (owned,
non -owned and hired automobiles), workers' compensation and employee liability. A registrant
shall not commence construction, operation or maintenance of the facility without obtaining all
insurance required under this section and approval of such insurance by Risk Management of the
city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract
or subcontract until all similar such insurance required of the same has been obtained and
approved. The required insurance must be obtained and maintained for the entire period the
registrant has facilities in the public rights -of -way, and for a period thereafter as specified in the
minimum coverages described below. If the registrant, its contractors or subcontractors do not
have the required insurance, the city may order such entities to stop operations until the insurance
is obtained and approved.
(2) All liability policies shall provide that the city is an additional insured as to the
activities under this chapter. The required coverages must be evidenced by properly executed
certificates of insurance forms. The certificates must be signed by the authorized representative
of the insurance company and shall be filed and maintained with the city annually. Certificates of
insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager
Coordinator. For entities that are entering the market, the certificates shall be filed prior to the
commencement of construction and once a year thereafter, and as provided below in the event
of a lapse in coverage. For entities that have facilities in the public rights -of -way as of the effective
date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of
this chapter, annually thereafter, and as provided below in the event of a lapse in coverage.
(3) These certificates of insurance shall contain a provision that coverages afforded
under these policies will not be canceled until at least forty -five (45) calendar days prior written
notice has been given to the city. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida. Financial Ratings must be no less than "A -VI" in the latest
edition of "Bests Key Rating Guide ", published by A.M. Best Guide. The insurance requirements
may be satisfied by evidence of self- insurance with sufficient financial strength and reserves or
other types of insurance acceptable to the city. ° registr may self -insure Self- insured status
must be confirmed with certification of same by presentation of financial statements which are not
more than one (1) year old and signed by the registrant's Chief Financial Officer or designees.
Information contained therein is subject to review and approval by city's Risk Management
Division.
(4) In the event that the insurance certificate provided indicates that the insurance
shall terminate or lapse during the period of this contract, then in that event, the registrant shall
furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a
renewed certificate of insurance equal and like coverage.
The insurance policy or policies shall contain contractual liability insurance naming
the city as an insured, and shall also insure against the types of liabilities covered by the
indemnification and hold harmless provisions of Section 25.1 -13.
100225062.2 306- 90018211 Page 24 of 32
{5}� A registrant and its contractors or subcontractors engaged in work on the
operator's behalf in, on, under or over public rights -of -way, shall maintain the following minimum
insurance:
(a) Comprehensive general liability insurance to cover liability bodily injury and
property damage. Exposures to be covered are: premises, operations, products /completed
operations, and certain contracts. Coverage must be written on an occurrence basis, with the
following limits of liability:
1. Bodily injury
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
2. Property damage
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
3. Personal injury
a. Annual aggregate $3,000,000
4. Completed operations and products liability shall be maintained for
two (2) years after the abandonment of the facility by the registrant (in the case of the registrant)
or completion of the work for the registrant (in case of a contractor or subcontractor).
5. Property damage liability insurance shall include coverage for the
following hazards: X — explosion, C — collapse, U — underground.
(b) Worker's compensation insurance shall be maintained to comply with
statutory limits for all employees, and in case any work is sublet, each registrant shall require the
subcontractors similarly to provide workers' compensation insurance for all the latter's employees
unless such employees are covered by the protection afforded by each registrant. Each registrant
and its contractors and subcontractors shall maintain employers liability insurance. The following
limits must be maintained:
1. Workers' compensation Statutory
2. Employer's liability $500,000 per occurrence
(c) Comprehensive auto liability
1. Bodily injury
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
100225062.2 306- 90018211 Page 25 of 32
2. Property damage
a. Each occurrence $1,000,000
b. Annual aggregate $3,000,000
Coverage shall include owned, hired and non -owned vehicles.
(6) Each communication facility operator shall hold the city, its agents, and employees,
harmless on account of claims for damage to persons, property or premises arising out of it
construction, operation or repair of its communications facility and name the city as an additional
insured.
M Thirty (30) days advance written notice by registered, certified or regular mail as
determined by the city must be given to the city of any cancellation, intent not to renew or reduction
in the policy coverages.
Mf§J This Section shall not be construed to affect in any way the city's rights, privileges
and immunities as set forth in Florida Statutes § 768.28. Insurance under this Section shall run
continuously with the presence of the registrant's facilities in the public rights -of -way and any
termination or lapse of such insurance shall be a violation of this Section and subject to the
remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion,
required increased or decreased levels of insurance for any other object placed in the city's public
rights -of -way by way of individual license agreements.
Sec. 25.1 -13. Indemnification.
(1) A registrant shall, at its sole cost and expense, indemnify, hold harmless, and
defend the city, its officials, boards, members, agents, and employees, against any and all claims,
suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and
expenses incurred by the city arising out of the placement or maintenance of its communications
systems or facilities in public rights -of -way, regardless of whether the act or omission complained
of is authorized, allowed or prohibited by this chapter, provided, however, that a registrant's
obligation hereunder shall not extend to any claims caused by the negligence gross negligence
or wanton or willful acts of the city. This provision includes, but is not limited to, the city's
reasonable attorneys' fees and costs incurred in defending against any such claim, suit or
proceedings. The city agrees to notify the registrant, in writing, within a reasonable time of the city
receiving notice, of any issue it determines may require indemnification. Nothing in this Section
shall prohibit the city from participating in the defense of any litigation by its own counsel and at
its own cost if in the city's reasonable belief there exists or may exist a conflict, potential conflict
or appearance of a conflict. Nothing contained in this section shall be construed or interpreted:
(a) As denying to either party any remedy or defense available to such party under the
laws of the State of Florida;
(b) As consent by the city to be sued; or
(c) As a waiver of sovereign immunity beyond the waiver provided in Florida Statutes §
768.28, as it may be amended.
100225062.2 306- 90018211 Page 26 of 32
(2) The indemnification requirements shall survive and be in effect after the termination,
suspension or cancellation of a registration.
(Ord. No. 01 -29, § 15, 7 -3 -01)
Sec. 25.1 -14. Construction Bond.
(1) Prior to issuing a permit, where the wGrk under the permit w require restoration r.f
p ,h';^ rights of- the city may require a construction bond to secure the restoration of the
public rights -of -way and removal of abandoned equipment or equipment not removed after
termination of registration or non - renewal of the annual permit.
(2) In the event a registrant subject to such a construction bond fails to complete the work
in a safe, timely and competent manner in accordance with the provisions of the permit, there
shall be recoverable, jointly and severally from the principal and surety of the bond, any damages
or loss suffered by the city as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property of the registrant, or the cost
of completing the work, plus a reasonable allowance for attorney's fees, up to the full amount of
the bond.
(3) No less than twelve (12) months after the completion of the construction and
satisfaction of all obligations in accordance with the bond, the registrant may request the Director
of Engineering to remove the requirement to continue the construction bond. Notwithstanding, the
city may require a new bond for any subsequent work performed in the public rights -of -way.
(4) The construction bond shall be issued by a surety having a minimum rating of A -1 in
Best's Ley Rating Guide, Property /Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
" For twelve (12) months after issuance of this bond this bond may not be canceled, or
allowed to lapse, until sixty (60) days after receipt by the city, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."
(5) The rights reserved by the city with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the city may have under
this Section, or at law or equity whether reserved in this chapter, or authorized by other law, and
no action, proceeding or exercise of a right with respect to the construction bond will affect any
other right the city may have.
(Ord No 01 -29, § 15, 7 -3 -01)
Sec. 25.1 -16. Enforcement Remedies.
(1) A registrant's failure to comply with provisions of this chapter shall constitute a
violation of this chapter and shall subject the registrant to the code enforcement provisions and
procedures as provided in Florida Statutes Chapter 162, Florida Statutes § 166.0415 and Section
2 -72, et. seq. of the City Code of Ordinances, as they may be amended. In addition, violation of
this chapter may be punishable by a fine not to exceed five hundred dollars ($500) or by
imprisonment not to exceed sixty (60) days or by both as provided.
(2) In addition to any other remedies available at law, including but not limited to
Florida Statutes § 166.0415, and Florida Statutes Chapter 162, or equity or as provided in this
100225062.2 306- 90018211 Page 27 of 32
chapter, the city may apply any one or combination of the following remedies in the event a
registrant violates this chapter, or applicable local law or order related to the public rights -of -way:
(a) Failure to comply with the provisions of the chapter or other law applicable to occupants
of the public rights -of -way, may result in imposition of penalties to be paid by the registrant
to the city in an amount of not less than one hundred dollars ($100) per day or part thereof
that the violation continues.
(b) In addition to or instead of any other remedy, the city may seek legal or equitable relief
from any court of competent jurisdiction.
(3) Before imposing a fine pursuant to this section, the city manager or the city
manager's designee shall give written notice of the violation and its intention to assess such
penalties, which notice shall contain a description of the alleged violation. Following receipt of
such notice, the registrant shall have 30 days to either: (a) cure the violation to the city's
satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation;
or (b) file an appeal with the city to contest the alleged violation. Section 25.1 -8 of this chapter
shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30)
day period, the city may collect all fines owed, beginning with the first day of the violation, through
any means allowed by law.
(4) In determining which remedy is appropriate, the city shall take into consideration
the nature of the violation, the person or persons bearing the impact of the violation, the nature of
the remedy required in order to prevent further violations, and such other matters as the city
determines are appropriate to the public interest.
(5) Failure of the city to enforce any requirements of this chapter shall not constitute a
waiver of the city's right to enforce that violation or subsequent violations of the same type or to
seek appropriate enforcement remedies.
(6) In any proceeding before the city where there exists an issue with respect to a
registrant's performance of its obligations pursuant to this chapter, the registrant shall be given
the opportunity to provide such information as it may have concerning its compliance with the
terms and conditions of this chapter. The city may find a registrant that does not demonstrate
compliance with the terms and conditions of this chapter in default and apply any one or
combination of the remedies otherwise authorized by this chapter or other applicable laws,
ordinances, regulations or city codes.
(7) The city manager or a designee shall be responsible for administration and
enforcement of this chapter, and is authorized to give any notice required by law.
(Ord. No 01 -29, § 18, 7 -3 -01)
Sec. 25.1 -17. Abandonment of a Communication Facility.
(1) Upon abandonment of a communications facility owned by a registrant in public rights -
of -way, the registrant shall notify the city within ninety (90) days.
(2) The city may direct the registrant by written notice to remove all or any portion of such
abandoned communications facility at the registrant's sole expense if the city determines that the
abandoned facility's presence interferes with the public health, safety or welfare, which shall
include, but is not be limited to, a determination that such facility (a) compromises safety at any
100225062.2 306- 90018211 Page 28 of 32
time for any public rights -of -way user or during construction or maintenance in public rights -of-
way; (b) prevents another person from locating facilities in the area of public rights -of -way where
the abandoned facility is located when other alternative locations are not reasonably available;
(c) creates a maintenance condition that is disruptive to the public rights -of -way's use; or d
removal of the communications facility would improve or enhance the city's aesthetics. In the
event of (b), the city may require the third person to coordinate with the registrant that owns the
existing facility for joint removal and placement, where agreed to by the registrant.
(3) In the event that the city does not direct the removal of the abandoned facility, the
registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration
or removal of all or any portion of the facility by the city or another person at such third party's
cost.
(4) If the registrant fails to remove all or any portion of an abandoned facility as directed
by the city within a reasonable time period as may be required by the city under the circumstances,
the city may perform such removal and charge the cost of the removal against the registrant or
any successor in interest to the registrant
(Ord. No 01 -29 § 19, 7 -3 -01)
Sec. 25.1 -18. Force Majeure.
M In the event a registrant's performance of or compliance with any of the provisions
of this chapter is prevented by a cause or event not within the registrant's control, such inability
to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed
as a result; provided, however, that such registrant uses all practicable means to expeditiously
cure or correct any such inability to perform or comply. For purposes of this chapter, causes or
events not within a registrant's control shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots
or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency
or court.
Causes or events within registrant's control, and thus not falling within this section,
shall include, without limitation, registrant's financial inability to perform or comply, economic
hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers,
employees, contractors or agents.
(Ord. No. 01 -29, § 20, 7 -3 -01)
Sec. 25 -1 -19. Reports and Records.
(1) Each registrant shall, upon thirty (30) calendar days written notice, if reasonably
possible, but in no event less than five (5) business days written notice, provide the city access
to all books and records related to the construction, maintenance, or repair of the facility to the
extent the city review of the books and records is necessary to manage its rights -of -way.
(2) Any and all non - proprietary or non - confidential books and records may be copied by
the city. To the maximum extent permitted by Florida Statutes § 202.195, as amended, such
books and records shall be kept confidential and exempt from the provisions of Florida Statutes
§ 119.07(1). A registrant is responsible for obtaining or maintaining the necessary possession or
control of all books and records related to the construction, maintenance or repair of the facility,
so that it can produce the documents upon request. Books and records must be maintained for
100225062.2 306- 90018211 Page 29 of 32
a period of five (5) years, except that any record that is a public record must be maintained for
the period required by state law.
(3) For purposes of this section, the terms "books and records" shall be read expansively
to include information in whatever format stored. Books and records requested shall be produced
to the city at City Hall, except by agreement.
(4) If any books and records are too voluminous, or for security reasons cannot be copied
and moved, then a registrant may request that the inspection take place at some other location
mutually agreed to by the city and the registrant, provided that the registrant must make necessary
arrangements for copying documents selected by the city after its review; and the registrant must
pay all travel and additional copying expenses incurred by the city in inspecting those documents
or having those documents inspected by its designee.
(5) Without limiting the foregoing, a registrant shall provide the city the following within ten
(10) calendar days of their receipt or (in the case of documents created by the registrant or its
affiliate) filing:
(a) Notices of deficiency or forfeiture related to the operation of the facility; and
(b) Copies of any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy by the operator or by any partnership or
corporation that owns or controls the operator directly or indirectly.
(6) In addition, the city may, at its option, and upon reasonable notice to the registrant,
inspect the facilities in the public rights -of -way to ensure the safety of its residents.
(Ord No. 01 -29, § 21, 7 -3 -01)
Sec.25.1 -20. Reservation of Rights and Remedies.
(1) The city reserves the right to amend this chapter as it shall find necessary in the lawful
exercise of its police powers.
(2) This chapter shall be applicable to all communications facilities placed in the public
rights -of -way on or after the effective date of this chapter and shall apply to all existing
communications facilities in the public rights -of -way prior to the effective date of this chapter, to
the full extent permitted by state and federal law.
(3) The adoption of this chapter is not intended to affect any rights or defenses the city
may have under any existing franchise, license or other agreements with a communications
services provider.
law.
(4) Nothing in this chapter shall affect the remedies the city has available under applicable
(5) Any person who uses the communications facilities of a registrant, other than the
registrant that owns the facilities, shall not be entitled to any rights to place or maintain such
facilities in excess of the rights of the registrant that places or maintains the facilities.
(Ord. No. 01 -29, § 22, 7 -3 -01)
Sec. 25.1 -21. Pass - through Provider Fees and Charges.
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(1) Pass - through providers shall pay to the city on an annual basis an amount equal to
$500.00 per linear mile or portion thereof of communications facilities placed and /or maintained
in the city's rights -of -way. For purposes of this section, the city's rights -of -way do not include
rights -of -way that extend in or through the city but are state, county or another authority's roads
or rights -of -way.
The amounts charaed pursuant to this section shall be based on the linear miles of
rights -of- way where a wireless communications facility is placed, not based on a summation of
the lengths of individual cables, conduits, strands or fibers. Multiple cables, conduits, strands, or
fibers located within the same conduit shall be considered one communications facility for
purposes of this subsection.
(3) Any annual amount charged shall be reduced for a prorated portion of any 12 -month
period during which the pass - through provider remits taxes imposed by the city pursuant to F.S.
Ch. 202.
4) Fees for Non - Collocated Communications Facilities.
(a) Fees for non - collocated communications facilities may be charged to any person not
a dealer of communications services as defined by Florida Statutes � 202.11.
(b) Annual payments shall be due and payable on April 1 of each year. Failure to timely
pay the annual payment shall result in the immediate forfeiture of all rights to locate any
wireless equipment in the citv rights -of -way and all wireless equipment shall be removed
within thirtv (30) days at the wireless infrastructure provider's expense. Fees not paid shall
bear interest at the rate of one percent per month from the date due until the wireless
equipment is removed. The acceptance of any payment required hereunder by the city
shall not be construed as an acknowledgement that the amount paid is the correct amount
due, nor shall such acceptance of payment be construed as a release of any claim which
the city may have for additional sums due and payable. All fee payments shall be subject
to audit by the city, and assessment or refund if any payment is found to be in error. If
such audit results in an assessment by and an additional payment to the city, such
additional payment shall be subject to interest at the rate of one percent per month until
the date payment is made.
(5) Collocation Fees.
(a) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless
facility to the City with the application to pay for the first year's fee for collocating small
wireless facilities on a city utility pole.
(b) The wireless infrastructure provider shall remit a $150.00 collocation fee per wireless
facility to the City within thirty (30) days of the anniversary of the approval of the
collocation. Failure to timely pay the Collocation Fee shall result in the immediate forfeiture
of all rights to collocate on the city utility pole and any wireless equipment collocated on
the utility pole shall be removed within thirty (30) days at the wireless provider's expense.
(6) Fees for City Connections. The City reserves the right to assess pole connection fees
or other fees for the use of city employees and contractors as well as fees for access to any fiber
network the city may construct.
100225062.2 306- 90018211 Page 31 of 32
Permit Fees. The wireless infrastructure provider shall remit with its application all
appropriate fees as provided herein, and as consistent with Section 337.401(7), Fla.Stat., as may
be amended from time to time..
(8) If the payments required by this section are not timely made by the due date, the city
may withhold the issuance of anv permits. includina for other wireless facilities. to the reaistrant
until the amount past due is paid in full.
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