HomeMy WebLinkAboutDocumentation_Regular_Tab 12_04/11/2019ffl�m DAVIS &
MEASHTON,P.A.
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtonlaw.com
April 11, 2019
MEMORANDUM
To: Mayor Brennan; Council Members Arena, Brandon, Johnson and Stone
Cc: Acting Manager Weinand, Clerk McWilliams
Fr: Attorney Davis
Re: Ordinance revising Village Code for use of Village rights-of-way by communica-
tions service providers.
The following describes in detail the above referenced agenda item:
As directed by the Village Council, attached is a proposed ordinance that revises and
updates Village Code regarding the use of Village rights-of-way by communications
service providers.
The modern trend and state of the art in communications services is "wireless". With
4G service being the expected norm, and 5G service coming very soon, the need for
wireless infrastructure to meet demand for service increases every day. In lieu of the
large towers located on private property, providers are more and more looking to the
use of rights of way to both increase capacity and "fill the gaps" between the large
towers. In 1996, the Federal Telecommunications Act was passed. This law requires
non-discriminatory and competitively neutral treatment of all communications service
providers. Access and regulatory requirements must be applied equally to all providers,
regardless of the technology they use (wired, wireless, DAS nodes, "small-cell" and
micro wireless are all varieties of technology currently in use by providers).
Florida law allows a local government to require the registration by service providers as
a prerequisite to obtaining building permits to place or maintain their facilities within the
jurisdiction's rights-of-way. Florida law, along with recently issued FCC Orders also
allows regulatory features and aesthetic regulations so long as they are neither discrim-
inatory among and between service providers, they are competitively neutral, and they
do not act as a barrier to any particular provider in the provision of its services. Addi-
tionally, in 2017, Florida law was changed to add the "Advanced Wireless Infrastructure
Deployment Act" which significantly preempted local government regulatory authority
regarding the co -location of "small wireless facilities" in certain circumstances.
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+ LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS +
April 11, 2019
Right-of-way Ordinance
The draft ordinance has four (4) basic sections:
1 . Definitions and intent provisions.
2. Registration requirements.
3. Permitting requirements. Here is where we find regulations related to protecting
residential rights-of-way, preventing "pole proliferation" by encouraging co -
location and imposing a variety of distance separation requirements, encouraging
"stealth" design, etc.
4. Administration and enforcement.
The Village has enacted a 12 -month moratorium on the acceptance and processing of
applications for the placement of facilities in its rights-of-way pending the adoption of the
current proposed ordinance. The moratorium is scheduled to automatically terminate in
June; however, with second reading scheduled for May, the moratorium will terminate at
that time.
ORDINANCE NO. 11-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA9 AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 63. ARTICLE 11. RIGHT-OF-WAY
REGULATIONS, TO RE -NAME THIS ARTICLE AS "PLACEMENT AND
MAINTENANCE OF UTILITY AND COMMUNICATION SERVICE
FACILITIES IN VILLAGE RIGHTS-OF-WAY"; TO UPDATE AND ADD
CERTAIN DEFINITIONS IN COMPLIANCE WITH FEDERAL AND
FLORIDA LAW; TO RECOGNIZE WIRELESS COMMUNICATIONS
FACILITIES THAT MAY BE PLACED IN RIGHTS OF WAY AND
ACKNOWLEDGE THE "ADVANCED WIRELESS INFRASTRUCTURE
DEPLOYMENT ACT"; TO PROVIDE NEW AESTHETIC
REQUIREMENTS AND PROCEDURAL REQUIREMENTS FOR
PLACEMENT OF CERTAIN FACILITIES IN RIGHTS-OF-WAY; TO
RECOGNIZE PASS-THROUGH PROVIDERS AS SEPARATE AND
DISTINCT ENTITIES, AND TO PROVIDE FOR THE COLLECTION OF
PASS-THROUGH PROVIDER FEES IN ACCORDANCE WITH STATE
LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 63. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 63. Right -of -Way Regulations, to update and add certain
definitions in compliance with federal and Florida law; to recognize wireless communications
facilities that may be placed in rights of way and acknowledge the "Advanced Wireless
Infrastructure Deployment Act"; to provide new aesthetic requirements and procedural
requirements for placement of certain facilities in rights-of-way; to recognize pass-through
providers, communications facility providers, and wireless infrastructure providers as separate
and distinct from communications service providers, and to provide for the collection of pass-
through provider fees in accordance with state law; and
WHEREAS, the Village Council of the Village of Tequesta believes that these
regulations will help protect residential property values, maintain aesthetics through residential
neighborhoods and generally insure that the residential character of these zones is not damaged
by a proliferation of above ground telecommunications facilities and utilities in rights-of-way;
and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its right-of-way ordinance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 63. Right -of -Way Regulations. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article 11, to provide new requirements for placement
and maintenance of certain Utility facilities in rights-of-way; providing that Chapter 63 Article 11
shall hereafter read as follows:
ARTICLE 11. PLACEMENT AND MAINTENANCE OF UTILITY AND
COMMUNICATION SERVICE FACILITIES IN VILLAGE RIGHTS-OF-WAY
REGULATIONS
Division 1. In General.
Sec. 63-25. Title.
Sec. 63-26. Purpose.
Sec. 63-27. Definitions.
Division 2. Registration.
Sec. 63-28. Registration for placing or maintaining communications facilities or utilities in
the rights-of-way.
Sec. 63-29. Nature of registration.
Sec. 63-30. Registration; effectiveness of registration.
See. 63 -3 1. Transfer of registration.
Sec. 63-32. Existing communications facilities, wireless communications facilities and
utilities in the rights-of-way.
Sec. 63-33. Involuntga termination of registration.
Division 3. Permitti .
2
Sec. 63-34. Permit requirements and conditions.
Sec. 63-35. Standards for compatibility with adjacent properties; prevention of pole
proliferation and saturation of Village Public Rights -of -Way,
Sec. 63-36. Florida Advanced Wireless Infrastructure De loyment Act.
Division 4. Administration and Enforcement.
Sec. 63-37 -3-3. Suspension of permits.
See. 63-38 -34. Appeals.
See. 63 35. Genstf+ietien in the rights of way.
Sec. 63-39-36. Insurance and indemnification.
Sec. 63-40. Performance Bond.
Sec. 63 -4 1. Reservation of rights and remedies.
Sec. 63-42. Reports and records.
Sec. 63-43. Force M eure,
Sec. 63-44. No liability or wgngnty,
Sec. 63-45. Pass-through provider fees and charges.
Sec. 63-46 3-7. Penalties for violation.
Secs. 63-47 38 3-50. Reserved.
DIVISION 1. In General.
See. 63-25—.1-iffle.
This Article shall be known as the "Placement and Maintenance of Utility and
Communication Service Facilities in Village Rights-of-way" ordinance.
Sec. 63-26. Purpose.
The purpose of this Article is:
(a) To establish a competitively neutral policy for the use of the Village's Rublic Rights-of-
way by all Communications Services Providers, including Wireless Service Providers,. as
well as Communications Facilities Providers, Wireless Infrastructure Providers, and Pass -
Through Providers, for the Placement and Maintenance of Communications Facilities,
including Wireless Communications Facilities, and the provision of Communications
Services, including Wireless Communications Services and other Utilities, including but
not limited to, those defined in Section 337.401, Florida Statutes, as same-�bee
amended from time to time pfevision of refnfntmiea iens sef-v,iees by eemmunioations
4der-s a -ad ethef t4ilities; and
(b) To regulate the Placement and Maintenance of Communications Facilities, including
-A
Wireless Communications Facilities p-l�--e—e-1: of eeffffntmie.-Ations C-eili and Utilities
in the Village's Public Rights-of-way pursuant to its governmental powers as set forth at
Chapter 166, Florida Statutes, as same may be amended from time to time, includin fte
encouraging of Co -location and Re -purposing existing Facilities and Structures F.S. eh.
4 -"Land
(c) To prescribe reasonable rules for- surah uses pursuant to Section 337.401, Florida Statutes,
the Federal Communications Act of 1934_jn�j�udin without limitation Sections 332 and
253, Section 6409(a) of 47 USC § 1455(a) and Orders issued by the FCC, as ea�h �ma
be amended from time to. time, and other federal and State law F.S. §§ 337.401 and
364.0361, so as to minimize disruption of services in the Village's Public Rights-of-way,
regulate the use of the VillageLs Public RightLs-of-way by all Communications Services
Providers, including Wireless Service Providers, as well as Communications Facilities
Providers, Wireless Infrastructure Providers, and Pass -Through Providers, and
the Placement and Maintenance of Communications Facilities, including Wireless
Communications Facilities, in the Village's Public Rights-of-mLay kations
. ivider-s and ether- utilities, and W regulate the eeftstn*etieff, installation,
maintenane I . . I eval and replaeement of f4eilities in the publie right of way.
(d) The Placement and Maintenance of Wireless Communications Facilities -ga-p—rivate
prop�� or propeLty owned, leased or controlled by the Village other than the Village's
Public Rights-of-wgy, is governed by Chgpter 78, Art _IXDivision 5 of the Village's
zoning code,
Sec. 63-27. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
4
Abandonment or Abandoned means 180 or more consecutive days with the
absence of any active Communications Service Providers, including Wireless Service
Providers, on a Communications Facilily, including a Wireless Communications Facility,
Abandoned Communications Facilities shall be removed or cured as requ
Article. This term shall not include cessation of all use of a Communications jagd�li
within a physical structure where the physical structure continues to be used for some
p=ose or use accessory to the Communications Facility. For example, cessation of all
use of a cable within a conduitwhere the conduit continues to be used as referenced
above, shall not be "Abandonment" of a Communications Facility. Notwithstandin the
foregoing example, if the Communications Facility is attached to an Existing Structure
that has an independent function, such as a Utilijy Pole or the like, said Abandonment of
the Communications Facility requires removal of the Communications Facility Qnly and
does not require the removal of the Existing Structure. The term shall also exclude the
temporary cessation of the -provision of Communications Services where the Provider
intends to re-establish the provision of Communications Services in the future. For
example, cable drops to homes that are deactivated based on competitive alternatives but
are maintained for when the customer re -activates service shall not be "Abandomnent" of
a Communications Facility. The temporarKSessation with intent to re -activate must be
documented to the satisfaction of the Villqpe,
ADA means the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seg., as
same may be amended from time to time and regulations promulgated thereunder.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in providing Wireless Service.
Applicable Codes means uniform building, fire, electrical, plumbing or
mechanical codes adopted by a recognized national code organization or local_
amendments to those codes enacted solely to address threats of destruction of pgopgrty or
iniM to persons, or local codes or ordinances adopted to implement the Florida
Advanced Wireless Infrastructure Deployment Act as set forth at Sec. a33.401 7
A-1
Florida Statutes, as same may be amended from time to time. The tenn includes
objective design standards that may rg-guire a new Utilijy Pole that replaces an existing
Utilijy Pole to be of substantially similar design, material, and color of that mgy-re-quire
reasonable spacing requirements conceming the location of ground -mounted -equipment.
The term includes objective design standards adopted by ordinance that may reguire a
Small Wireless Facilijy to meet reasonable location context, color, stealth— and
concealment requirements; however, such design standards may be waived by the Village
upon a showing that the design standards are not reasonably compatible for the particular
location of a Small Wireless Facility or that the design standards impose an excessive
expense. The waiver sh.all be granted or denied within 45 days after the date of the
a��est.
Arterial Road means a roadway route providing service which is �Iativ�el
continuous and of relatively high traffic volume, long average trig length, high operating
speed, and high mobility importance, and constitutes the largest Proportion of total travel.
In addition, every United States numbered highway is an Arterial Roadway,
Authorijy UtilLty Pole means a Utility Pole owned by the Village and located in
the Village's Public Right -of wgy. The term does not include a Village ojN�med U�tili
Pole in a right-of-way located within a retirement com
Oa Is deed restricted as housing for older persons as defined in Sec.
760.29(4)(b), Florida Statutes, as same may be amended from time to time -
and
LW Has more than 5,000 resiLdents- and
Uc Has underground utilities for electric transmission or distribution.
Collector Road means a route providing service that is of relatively moderate
average traffic volume, moderately average trip lengy, . and moderately average operating
speed. Such a route also collects and distributes traffic between local roads or arterial
roads and serves as a linkage between land access and mobility Lieeds.
Co -location or Co -locate means to install, mount, maintain, modiL
replace one or more Communications Facilities on, under, within or adjacent to a pole or
other vertical above grade sLipport structure or Utility Pole. The term does not include
the installation of a new Utifily Pole, other pole, Wireless Support Structure or other
above grade support structure in the Village's Public Rights-of-way. The term Co -
location also includes the ground or platform installation of equipment enclosures,
cabinets, or buildings, and cables, brackets, and any other equipment associated with the
location and operation of the Co -located Communications Facility.
Communications FacjjjOL-aL.&cilities means any tangible thing located in a
Village Public Right-of-way that may be used to deliver or provide Communications
Services. The term includes Wireless Communications Facilities and Wireless Su ort
Tp
Structures. The term also includes ancilla1y equil2ment regardless of whether or not such
equipment is included in the calculation of equipment volume. Multiple cables conduits,
strands, or fibers located within same conduit shall be considered one Communications
Facilijy. For p=oses of this Article, the term Communications Facilijy shall not include
Utility Poles, and shall not include aerial facilities located between Utility Poles with
associated 12QIe attachments which do not provide Communications services is a faeili4y
s defined in F.S. § 337.401(6)(a)2,
as may be amended.
Communications Facility Pole means a pole -like structure either designed
primarily as a Communications Facility or used as a Communications Facility. A Utilijy;
Pole is not transformed into a Communications Facility Pole by -!he Collocation or
Attachment of a Wireless Communications Facili1y (See "Utility Pole" definitioabdQ)yj
Communications Facility Provider means a Person (other than a Communications
Services Provider operating one or more Communications Facilities located within the
Village) who is engaged, directly or indirectly, in the business -of leasing,
subleasing, subletting or hiring to one or more Communications Service Providers all or a
portion of the tangible personal property used in a Communications Facility, The term
includes Wireless Infrastructure Providers. A Pass -Through Provider mgy be a
Communications Facility Provider.
Communications services means shall mean the transmission ef d4a E)f E)
in-fe-4R-R-M-i-en between E)r- afneng points speeified by or through any eleetr-anie or other
fneditffn as defined in F.S. § 202.11(2), as may be afnen4ed
voice, data, audio, video, or my other information or signals, including Video Services,
to a point, or between or among points, by or through any electronic, radio,
cable, optical, microwave, or other medium or method now in existence or hereafter
devised, regardless of the protocol used for such transmission or conveyances in
accordance with Section 202.11, Florida Statutes, as same may be amended from time to
time. The term includes Wireless Communications Services. The term includes such
transmission, conveyance, or routing in which computer processing applications are used
to act on the form, Qode, or protocol of the content for purposes of transmission,
conveyance, or routing without regard to whether such service is referred to as voice-
over-Intemet-protocol services or is classified by the Federal Communications
Commission as enhanced or value-added. The term does not include:
La) Information a-ervices.
(h) Installation or maintenance of wiring or equipment on a customer's
Oc The sale or rental of tangible personal
(dj The sale of advertising, including, but not limited to, directory a
Le) Bad check charges.
LO Late paymenLi�har es.
Billing and collection services.
Internet access service, electronic mail service, electronic bulletin board
service, or similar online computer services.
Communications Services Provider or- Igrevide,- means shall fnean any Person Of
efitity that provides eomffmnieatiefis serviees including a municipality or county,
providing Communications Services through the Placement or Maintenance of a
Communications Facifily in Village Public RightsaQf--way.
Communications Services Tax means the local communications services tax
authorized to be levied and collected by counties and municil2alities upon chargers f r
0
Communications Services, pursuant to Section 202.20, Florida Statutes, as same mgy be
amended from time to time.
Distributed antenna. system, or D S. is a network of spatially separated antenna
nodes connected to a common source via a kgnsport medium that provides wireless
service within a geo"a hic area or structure. A DAS is a Communications Facility.
EliZible Facilities Request means a request to place a Wireless Communications
Facilijy in the Village's Public Rights-of-way that, in accordance with the &flnifions
contained in FCC regulations codified at 47 C.F.R. § 1.40001, does not substantially
change the physical dimensions of the Existing Structure and is r
fa) Collocation of new transmission equipment;
Removal of existing transmission equigMLnt- or
Oc Replacement of existing transmission equipment.
Existing Structure means a structure within the Village's Public Right7, �f-wa �that
exists at the tipiLan a
Mlication for a -permit to place a Communications Facili
preexisting �tructure is filed with the Village. The term includes any structure that:
faa)
Can structurally supporL—the attachment of
a Communications FagLiliV.-or
Can be modified or repMosed to
support the attachment
of a
Le
Communications Facilijy or
Can be removed and replaced with a
structure of similar deaign
and
p=ose as the original existing structure
that supports the attachment of a
Communications Facilijy; or
Other facilities in compliance with applicable codes and laws.
Facility
or Facilities means any tangible thing
located in any Village
Public
Right-of-way used to deliver Communications Services.
FCC means shall mean the Federal Communications Commission.
Florida licensed professional eng�ineer means an engineer licensed by the state of
Florida who is qualified to provide the information required by this ordinance,
alternative, a full-time employee of an entity regulated by the FCC or the Florida Public
Service Commission who is otherwise qualified to provide the information requjrc��
this ordinance.
Information service means the offering of a capability for=generating, a�i qWri n
sjQrjng,jMsf6rming, processing, retrig��� or making available information via
communications services, including, but not limited to, electronic publishing, webn
hosting service, and end-user 900 number service. The term does not include Video
Service.
Local Road means a route providing service that is of relatively IQ�y�era�e
traffic volume, short average trip lengLh or minimal throughitraffic movements, and hi, --h
land access for abutting p
Micro Wireless Facility means a Small Wireless Facility that provides wireless
service that is not larger in dimension than 24 inches in length, 15 inches in wiLd-t-h.,,-12-
inches in height, that has an exterior antenna, if any, no longer than I I inches.
Order me-ans.
Oa The following Orders and Rules of the FCC issued in FCC Docket No. 94-
102:
Ol Order adopAed June 12, 1996, with an effective date of October 1
1996, the amendments to s.20.03 and the creation of 47 CFR �
20.03 and the creation of 47 CFR § 2018, adopted by- the FCC
pursuant to such Order
Ci ji Memorandum and Order No. 97-402 adopted December 23 �1997-
aW Order No. FCC DA 98-2323, adopte.dNovember 13, 1998;
Cljv Order No. FCC 98-345, -
adopted December 31,1998-
Lvj Order No. FCC 14-153 adopted October 17, 2014.
fb� Orders and Rules subsequently adopted by the FCC relati
provision of 911 services, including but not limited to, Order No. FCC 05-
116, adopted May 19, 2005.
Oc Order No. FCC 18-133 adopted September 26, 2018.
Pass-through provider means any person who, upon registering with th—e Village,
Places or Maintains a Communications Facilijy in the Village's Public Rights-ofmj�an�d
that does not remit communications service taxes as imposed by the Village pursuant to
Chapter 202, Florida Statutes, as samp may be amended from time to time.
Permit means the Public Right-of-way permit that must be obtained before a
Person may construct in the Village's Public Right-of-way. For purposes of the Florida
Advanced Wireless Infrastructure Deployment Act as set forth at Sec. 331,401 7
A-1
Florida Statutes, as same maybV.=pnded from time to time, "Permit" means the Public
Right-of-way permit that must be obtained before a Person may Co -locate a Small
Wireless Facility in the Village's Public Right-of-wa .
Person means any natural person or corporate, business association or other
business entijy including, but not limited to, a partnership, a sole proprie!Qrah"
political subdivision, a public or private agency of any kind, a Utilijy, a successor or
10
assign of any of the foregoing, or aW other legal- entity—ifleludes indivi"als, ehil
fiH:ns, asseeia4iefis, jeif4ventur-es, paFtner-ships, estates, tmsts, business tmsts, syndieates,
fiduraiafies, eaer-per-aions, and all other groups or combinations.
Place or Maintain or Placement or Maintenance or Placing or Maintaining means
to erect, construct, install, extend, expand, remove, occupy, locate, relocate, repair,
upkeep or significantly alter the configuration of a Communications Facili
who owns or exercises physical control to maintain and repair is "Placing or
Maintaining" the Facility. A Person providing service only through resale or only
through use of a third Person's Facilijy is not "Placing or MaintajnjngL_tk
Communications Facilijy through which such service is provided. The transmission and
receipt of radio frequency signals through the airsMe of the Village's Public Rights-of-
way does not constitute "Placing or Maintaining" a Communication Facihb��
Village's Public Rights-of-way. Routine and emergency maintenance does not constitute
"Placing or Maintaining" a Communications Facility in the Village's Public Rights-of-
way for purposes of this definition.
Public Rights-of-way or Rightss-of-way means shall ke -A4;r a Public Ri ht -of -way,
Ag
public Utility easement, highway, street or alley owned by the Village, dedicated to the
Village or to the public, or for which the Village holds a property interest and exercises
rights of management or control. This term shall include the surface, the air space over
the surface and the area below the surface of all public roads, streets, highways, alleys,
boulevards, bridges, tunnels, public Utility easements, and all public grounds. This term
shall not include any real or personal Village property except as described above and
shall not include Village buildings, fixtures, poles, conduits, Facilities or other structures
or improvements, regardless of whether they are situated in the Public Rights
Registrant means shall fnean a Person eempa+iy that has Registered with the
Village in accordance with the provisions of this Article.
Registration and Register 4-,aU means the process described in section 63-28
herein below whereby a Communications Services Provider, Wireless Services Provider.,
Communications Faciljjy Provider, Wireless Infrastructure Provider, or Pass:.T�hrou �h
Provide eefnmunie4i pfevidef provides certain information to the Village.
11
Repuwosed Structure means an Existing Structure that has been renovated,
reconfigured, or replaced with a similar structure so as to continue serving it��ma�
existing purpose while also supporting the attachment of Communications Facilities
Wireless Communications Facilities or Wireless Infrastructure through Stealth Desi n or
otherwise, that is approximately in the same location as the Existing Structure and in such
a manner that does not result in a net increase in the number of structures located within
the Village's Public Rights-of-way, does not interfere with pedestrian or vehicular access,
and is compliant with the ADA and with Applicable Codes. Unless stated otherwise, all
requirements imposed on Communications Facilities, Wireless Communications
Facilities or Wireless Infrastructure shall also al2ply to Repurposed Structures. To
"Repurpose and Existing Structure" shall mean the act of renovating, recon
replacing an Existing Structure as described above. The Communications Service
Provider, Wireless Services Provider Communications Faci% Provider Wireless
Infrastructure Provider or Paasj�hrou �h Provider attaching its Communications Facilities
to the Repurposed Structure shall be responsible for Registration an Permitting
requirements of this Article for such Communications Facility, Wireless Communications
Faculty or Infrastructure only, not for the RepuLrposed Structure itself. A prQvider who
removes all Communications Facilities from a Repu�d �Structure that has
use other thaaAa su ort Communication Facilities, e.g. light pole, may be reguired
replace the RepuMosed Structure with a facilijy like that which existed prior to any
rel2=osing at the discretion of the Village.
Small Wireless FaciUO4.��Wireless Communications Facility that meets the
following qualifications:
(a) Each antenna associated with the facilibds located inside an enclosure of
no more than 6 cubic feet in volume or, in the case of antennas that have
J -
exposed elements, each antenna and all of its expQsed elements could fit
within an enclosure of no more than 6 cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cunjulatively
no more than 28 cubic feet in volume. The following types of associated
ancillaa equipment are not included in the calculation of equi meat
volume: electric meters, concealment elements, telecommunications
12
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 Communications Eacility,
Wireless Communications Facilijy, etc., including, but not limited to, sunnQrting
electrical or mechanical equipment, which is designed to enhance compatihjhjy.LAA
adjacent land uses and be as visually unobtrusive as possible. Stealth Design may
include, but is not limited to, use of vegetation, a Repwosed Structure, or
Utility or utilities means shall r-efer- to any electric transmission, telephone,
telegraph, or other communications services lines or Wireless Communications Facilities,
pole lines, poles; railways, ditches, sewers, water, heat or gas mains, pipelines, fences,
gasoline tanks and pumps, or any other structures, pipes, lines or facilities that providers
place in the Village's Public Rights-of-way and which are referred to in the Village's
Code or state law as "utilities." as defined in F.S. § 337.401(i), as may be evnended.
Utility Pole means a pole or similar structure that is used in whole or in part to
provide Communications Services or for a similar function. The term in-cludes the
vertical support structure for traffic lights but does not include a horizontal structure to
which signal lights or other traffic control devices are attached and does not include a
pole or similar structure 15 feet in height or less unless the Village grants a waiver for
such pole. A Utility Pole is not transformed into a Communications Facility pole by the
Collocation or Attachment of a Wireless Communications Facili
Video service means the transmission of video, audio, or other programming
service to a purchaser, and the 12urchaser interaction, -if any, required for the selection or
use of a plQgramming service, regardless of whether -the programming is transmitted over
facilities owned or operated by the video service nrovider or over facilities Qwned or
ol2erated by another dealer of communications services. The term includes poi
and point -to -multipoint distribution services through which programming is transmitted
or broadcast by microwave or other equipment directly to the purchaser's premises_, but
does not include direct -to -home satellite service. The term includes basic, extended-,.
12remium, pay-12er-view, digital video, two-wgy cable, and music services.
13
Village means shall mean Village of Tecluesta, Florida.
Village Engineer means a Professional Engineer, licensed to practice in the State
of Florida, employed by the Village and designated by the Village as the Villag
Engineer and is hereby vested with the authority to administer this Article. The term
Village Engineer shall also include his or her designee.
Village Manager means the administrative head of the Villag��ro�vided in the
Village Charter. The term Village Manager also includes his or her
Wireless Communications Facility means equipment at a fixed location which
enables wireless communications between user equipment and a commiLnications
network, including radio transceivers, Antennas, wires, coaxial or fiber-optic cable or
other cables, regular and backup power supplies, and comparable equipment, regardless
of technological configuration, and equipment associated with wireless communications.
The term also includes ancillary equipment regardless of whether or not such equip-m—ent
is included in the calculation of equipment volume. The term does not include:
Ua The structure or improvements on, under, within or adjacent to the
structure on which the equipment is co -located; or
fW Wireline, backhaul facilities- or
Lc) Coaxial or fiber-optic cable that is between Wireless Support Structures
or Utility Poles or that is otherwise not immediately adjacent to or—d-i—re—c—fly
associated with a particul Antenna.
Distributed Antenna Systems are a type of Wireless Communications F
Wireless Infi-astructure Provider means a Person who has been—certified to
provide Communications Services in the State and builds or installs Wireless
Communications Facilities or Wireless Support Structures, but who is not a Wireless
Service Provider.
Wireless Services means any services provided using licensed or unlicensed
spectrum, whether at a fixed location or mobile, using wireless facilities. The ten -n does
not include dispatch service in a more localized, non -cellular configurationdata only
service, one-way or stored -voice services on an interconnected basis; air
services; or public coast stations.
14
Wireless Services Provider means a Person who provides wireless services. A
Wireless Service Provider iLa type of Communications Services Provider.
Wireless Support Structure means a freestanding structure, such as a monQnQlea
guyed or self-soporting tower, or another existing or proposed structure designed to
support or capable of sLipporting wireless facilities. The term does not include, however,
Utili1y Poles.
W
Lap means an aesthetic covering depicting scenic imagegy such as vegetation,
which blends with the surrounding area. Imagery in a wrap may not contain an
Division 2. Registration
Sec. 63-28. Registration for Placing or Maintaining Communications Facilities, etc., or
Utilities, in the Village's Public -Rights-of-way.
(a) A Communications Services Provider, Wireless Services Provider, Communications
Facilfty Provider, Wireless Infrastructure Provider, Pass -Through Provider or Utility
provider that desires to efeet, eefistf�uet, install, maifftain, p! I . . I )aefld' e"aft
fefne,ve, leeate of feleeat Place or Maintain a permanent or temporary Communications
Facility, Wireless Communications�ciliy or Utility in, on, under, over or across the
Village's Public Rights-of-way in the village shall first Register with the Village in
accordance with this Article.
(b) Subject to the terms and conditions contained in this article, a Registrant may Place or
Maintain ef:eet, eefis4uet, install, plarae, repair-, maintain, expand, r-effieve, leeate of
r-eleeme a permanent or temporary Communications Facility Wireless Communications
Facili1y or Utility in, on, over, under, or across the blic Rights-of-way.
Sec. 63-29. Nature of registration.
A registration shall not convey title, equitable or legal, in the blic Rights-of-
way. Registration under this Article governs the occupation of the Village's Public Rights-of-
way only. Registration does not excuse a Communications Services Provider, Wireless Services
Provider, Communications Facilfty Provider, Wireless Infrastructure Provider, PAaaJ
J hrou h
Provider or Utility provider from obtaining appropriate access or pole attachment agreements
15
before locating its facilities �m
onover under or across the Village's Public Rights-of-way, or
on the Village's or another Person's facilities. Registration does not excuse any provider from
complying with all applicable Village Codes or-difianees, including this Article.
Sec. 63-30. Registration; effectiveness of registration.
(a) Registration. Any Communications Services Provider Wireless Services Provider
Communications FaciIjjy Provider, Wireless Infrastructure Provider, Passj�hrou ft
Provider or other Utility Provider desiring to use the Public Rights-of-way shall
first Register with the Village. Registration file a r-egist+atien form with thevillage whieh
shall include the following information:
(1) Name of the applicant; and
(2) Name, address and telephone number of the applicant's primary contact person in
connection with the registration; and
(3) Evidence of the insurance coverage required under this Article and
acknowledgment of the indemnity and other provisions of this Article; which
acknowledgment shall fiet be considered an agreement to the provisions; and
(4) If the applicant is a -y rt f
-corporation or a limited liability coMaa-n , a ce i icate of
authorization to conduct business in Florida as issued by the Department of State;
and
(5) The number of the applicant's certificate or certificates of authorization, if any, to
provide communications services or any other type of services issued by the
Florida Public Services Commission, the Federal Communications Commission
the Department of State, or other applicable governing boards or commissions. A
Registrant proposing to Place or Maintain a Wireless Communicationa Facility
operating on a spectrum licensed by the FCC shall supply the file number of the
FCC license authorizing such wireless service.
(b) Review by.Village. The Village will review the information submitted by the
applieaf4. If the applieant submits all information in accordance with
subsection -63-30(a) above, the Registration shall be effective and the Village shall notify
the applieant of the effectiveness of the Registration in writing. If the Village
determines that the information has not been submitted in accordance with the above -
16
referenced subsection, the Village shall notify the Registrant applieafft in writing of the
non -effectiveness of the Registration. The Village shall so reply to the Registrant a*
applioant within 30 days after receipt of the Registration information from the
applican . The Registrant shall have one (1) thirty (30) day period after receipi-of —such
notice within which to cure the deficienc�ia r�e-submittal. The re -submittal shall be
reviewed by the Village which shall notif
y the Registrant of the effectiveness of
Registration in writing. If the Village determines again that the information has not been
submitted in accordance with Village Code Section 63-30(a) herein, the Village shall
notify the Registrant of the final non -effectiveness of the Registration. The Village shall
so reply to a Registrant within thiM (30) days after receipt of the re -submittal. A
Registrant has thirty (30) days after receipt of a. -final notice of non -effectiveness of
Registration to gppeal the decision as provided in Village Code Section 63-37. Final non -
effectiveness of Registration shall not preclude a Registrant from filing
applications for Registration under the -provisions of this Article.
(c) Cancellation of Re tration. A Registrant may cancel a Registration upon written notice
gis
to the Village that it will no longer Place, Maintain or own any Communications Facility,
Wireless Communications Facility or Utility in the Village's Public Rights-of-way of the
village and will no longer need to obtain pu4 permits to perform work in
Public Rights-of-way. A Registrant cannot cancel a Registration if the Registrant
continues to Place, Maintain or own any Communications Facility� Wireless
Communications Facility or Utility in the blic Rights-of-way.
(d) No priority in Registration. Registration does not establish any priority for the use of the
Villa2e's Public Rights-of-way; however an effective Registration is required prior to the
issuance of a permit to work in the Village's Public Rights-of-way. The fact that a
inications
Communications Services Provider, Wireless Services Provider, CommL
Facilijy Provider, Wireless Infrastructure Provider, Pass -Through Provider or Utility
provider is registered shall not establish any right or priority for the use of the
Public Riizhts-of-way.
(e) Renewal and U
pdate Be tration. A Registrant shall renew its Registration with the
of gis
Village by October I of each even numbered year in accordance with the Registration
requirements in this Article. Additionall
y—within 30 days of any change in the
17
information required to be submitted pursuant to subsection 63-30(a) above, a Registrant
shall provide updated information to the Village. If no information in the then -existing
Registration has changed, the renewal may state that no information has changed.
Registrations are expressly subject to any future amendment to or replacement of this
Article and further subject to any additional Village ordinances, as well as any state or
federal laws that may be enacted during the term of the Registration. If a Registrant fails
to renew its ReLyistration, the sole consequence shall be that the Village may restrict the
provider- from obtaining permits under subsection (f) below until the
eemmunieati or- Utility pr-ovidef has complied with the
Registration requirements of this Article.
(f) Permits. Unless otherwise exempt from permitting--Osewhere in this Articleor by
applicable law, a Permit is hereby required of a Communications Services PTQyi&4
Wireless Services Provider, Communications Facility Provider, Wireless lnfrastructug�
Provider, Pass -Through Provider or Utility provider that desires to Place or Maintain
oreet, eenstfurat, install, maiwtain, plaeo, repair-, extend, expand, feffiOW, 186ate Of relo64e
a permanent or temporary Communications Facility, Wireless Facili1y or Utility in any
VillWe Public Right-of-way. An effective Registration shall be a condition of obtaining a
M
Permit. An effective Registration does not mean that applicable permitting requirements
shall not apply or that such requirements have been or will be deemed to have been
satisfied. Pefmit fees, if any, shall be paid "on the submission of an applieaien
same; the amount of sueh pefmit fee, if any, shall be set by feseltAien of the village
equneil.
See. 63-31. Transfer of registration.
If a t4e Registrant transfers or assigns its assets located in the Village's Public Rights-of-
Wa ineident to a sale E)f ather transfer- of the r-egis4ent's assets leeated
y, the buyer ,.
within the village, the transferee or assignee shall be obligated to comply with the terms of this
Article. Written notice of any such transfer or assignment shall be provided to the Village within
forty-five (45) days of the effective date of the closing of the as -C "-- effeetive da4e of surah
transfer or assignment. If the bgy���as�si nee is not a current Registrant, then the b uyer or
assignee must Register and may do so in such written notice by including the information
18
required under Village Code Section 63-30(a) herein, including aLly changed evidence of
insurancp
--�erage. la E)FElef for- dhe tr-APR44f of registfation to be effeetive, sueh written Retiee
must ifielude the idef4ity of the transfer -Re A d netioe of any ehanges to the
Sec. 63-32. Existing Communications Facilities, Wireless Communications Facilitiea and
Utilities in the VillagL&Emblic-Rights-of-way.
Communications Facilities, Wireless Communications Facilities or Utilities which have
been constructed or placed in the Village's Public Rights-of-way prior to the effective date of
this Ayticle, or any applicable amendment thereto may remain in the Village's Public iizhts-of-
way so long as the responsible pr-evided the provider complies with the Registration provisions
of this Article. Providers with existing Communications Facilities, Wireless Communications
Facilities or Utilities have one hundred eighty (I .80=) days from the effective date of this Article to
comply with the terms of this Article, or be found in violation thereof.
Sec. 63-33 - Involuntary termination of Rggistration.
Oa Termination events. The Village Manager may terminate a Registration if -
W A federal or state authori1y suspends, denies, revokes a registrant's certificatign-orr
license required to provide Communications Senrices,
The & �strant's Placement or Maintenance of a Communications Facili
including Wireless Communications Facilities and Wireless Support Structures in
the Village's Public Rights-of-way presents an extraordinaa danger to the general
public or other users of the Village's Public Rights-of-way and the registrant fails
to remedy the danger promptly after receipt of written noticg;
(D The Registrant violates Section 843.025, Florida Statutes as same may -be
amended from time to time.;
(D The Registrant violates Section 843.165, Florida Statutes as same may be
amended from time to time-
f5l The Registrant Abandons all of its Communications Facilities, including Wireless
Communications Facilities and Wireless Support Structures in the
19
Public Rights-of-way without complying with the Abandonment provisions of
this Afticle-
(M The Registrant commits substantive and material repetitive violations
the provisions of this Article.
(W Notice of intent to terminate. Prior to termination, the Registrant shall be notified by the
Village Manager, with a written notice setting forth all matters pertinent to the proposed
tennination action, including the applicable subsections (a)(1) through (a)(6) aboveand
the reason(s) therefore, and describing the proposed action of the Village with respect
thereto. The Registrant shall have fifteen (15) days after receipt of such notice to address
or eliminate the reason or to present a plan, satisfactory to the Village Manager to
accomplish the same. If the 121an is rejected by the Village Manager, the Village Managgir
shall provide written notice within seven (7) days of such rejection, includ
determination as to termination of the Registration nd the terms and conditions relative
thereto. The Village Manager's decision shall be deemed to be final agenu action and
the exhaustion of all local administrative remedies. --Any Person aggrieved by my
decision of the Village Manager regarding termination of a Registration shall be entitled
to pursue onny remedy available at law or in equity.
Oc Post -Termination Action. In the event of termination _theformer Registrant shall (1) in
accordance wimh the provisions of this Article and as may otherwise be provided under
state law notify the Village of the assumption or anticipated assumption by another
Registrant of ownership of the Registrant's Communications Facilities, includin
Wireless Communications Facilities and Wireless Suppait Structures in the Village's
Public Rights-of-wgy; or (2) provide the Village with an acceptable plan fo
of its Communications Facilities, including Wireless Communications Facilities and
Wireless Support Structures in the Village's Public Rights-of-way. If a Regi5trant fails to
comply with this subsection (c), which determination of noncompliance is subject to
appeal as provided in this Article, the Village may exercise any remedies or rig s it has
at law or in equity, including, but not limited to requiring the Registrant w
(90) days of the termination, or such longer period as may be agreed to by the registrant
and Village Manager, to remove some -or all of the Communications Facilities, i
Wireless Communications Facilities and Wireless Support Structures from the Village's
20
Public Rights-of-way and take such steps as are necessaZ to render return the WIlage's
Public Rights-of-wgy to their original condition before the initial Placement of the
Communications Facilities, including Wireless Communications Facilities and Wireless
Support Structures.
(d) Terminated &ZLytrant shall render safe Communications Facilities remainjnZ=ja==ft
Village's Public Rights-of-way. In any event, a terminated Registrant shall take such
steps as are necessary to render safe every portion of the Communications Facilities.,
including Wireless Communications Facilities and Wireless Support Structures remainin
in the Village's Public Rights-of-way.
Lel When removal not authorized. In the event of tennination of a Registration, this section
does not authorize the Villag� to cause the removal of facilities used to provide another
service for which the registrant or another Person who owns or exercises physical control
over the facilities holds a valid certification or license with the goveming federal or state
agency, if required, for -provision of such service, and is registered with the
DIVISION 3. Permitt*
Sec. 63-34 - Permit requirements and conditLons.
Oa Permit Required. A Registrant shall not commence to Place or Maintain a
Communications Facili1y, Wireless Communications Facility, Wireless Support
Structure, Utility, or other Facilijy in a Village Public Right-of-way until all
permits, if any, have been issued by the Village, except in the case of an em���c �as
provided for in Village Code Section 63-34(s) herein, or as otherwise exempt from
Pennitting requirements as specified in this Article. and as mandated by the Florida
Advanced Wireless Infrastructure Deployment Act as set forth at Sec. 337.401(7),
Florida Statutes, as same may be amended from time to time. The R A
ggiistLant
acknowledges that as a condition of- granting such Permits, the Village
reasonable conditions govg��� Placement or Maintenance of a Communications
Facilijy, Wireless Communications Facility. Wireless Sgpport Structure, Utility, or other
Facility in the Village's Public Rights-of-way related to the public, health safejy and
welfare as permitted and set forth in Section 337.401 Florida Statutes as s
amended from time to time; however, no such imposed conditions shall pLQhibit or
21
otherwise adversely imp ct the provision of Communications Services or Wireless
Services. Permits shall apply only to the areas of the Village's Public Rights-of-wa
specifically identified in the permit. In determining whether to permit and reaaQnably
limit, or impose conditions or pLohibit a Communications Facilib�,_Wireless
Communications Facilijy, Wireless Support Structure, Utility, or other Facilijy o be
w—
placed or located within the Village's Public Rights-of-way, or deny the Permit
application, the Village shall consider the following standards and minimum
requirements when reviewing and processing a Permit application and when imposin
reasonable Permit conditions Permits for Wireless Infrastructure Providers to Place or
Maintain Utility Poles in the Village's Public Rights-of-way to swport the Co -location of
Small Wireless Facilities, and Permits to Co -locate Small Wireless Facilities shall be
govemed by subsections (b)(14). (15) and (16) below :
(D Sufficiency ofspace to accommodate present and pending applications for use of
the Village's Public Riv_,hts-of-way. The sufficiency of space to accommodate all
of the present and pending ap lications to Place Communications Facilities
Wireless Communications Facilit
�ies Wireless Support Structures, Ut�ilitiesor
other Facilities and pending or planned applications to Place and Maintain
Facilities in that area of the Village's Public Rights-of-way, which may require
that meters, other ground equipment and similar and associated Facilities be
located on or directly adjacent to the pole or support str%��� which an
Antenna is located; and
(D Sufficiency of space to accommodate the Village's need for public improvements.
The sufficiency of space to accommodate Village plans for public improvements
or projects adopted- as part of its capital improvements -plan that th
determines in the best interest of the public, which may rtqg"at meters, other
ground equipment and similar and associated facilities be located on oL directly
adjacent to the pole or support structure upon which an Antenna is located.- and
W Impact on ffic and public safety. The impact on traffic and traffic safe1y,
including but not limited to the safe operation of traffic control equipme—nt,
pedestrian traffic and general public safety concems, as well as compliance with
applicable ADA requirements; and
22
(4) Impact on existing facilities. The impact upon existing Facilities in the �Villa �eg's-
Public Rights-of-way, which may require that meters, other ground equipment
and similar and associated Facilities be located on or directly adjacent to the pole
or support structure -Upon which an Antenna is I
(51 Distance separation from edue ofpavement. No new Communications Faciliti—es-,
Wireless Communications Facilities, Wireless Sgpport Structures, Ut
other Facilities shall be Placed or Maintained in the Village's Public Rights-of-
way in violation of the State of Florida Department of Transportation Manual of
Unifonn Minimum Standards for Design
, Construction and Maintenance for
Streets and Highways, as same mgy be amended from time to time. In accordance
with said manual, the Village shall have the-authoriiy to reduce my offset where
that offset cannot be reasonably obtained, and other altematives are deemed
impractical. Additionally, the Village shall have the authorijy to decide
reductions in the clear zone in accordance with the above referenced
which may require that meters, other ground eguipment and similar and
associated Facilities be located on or directly adjacent t the pole o
structure upon which an Antenna is located; and
Distance separation fi-om sidewalk. No new Communications FacilitiesWireless
Communications Facilities, WirQless Su
Mort Structures, utilities, or other
Facilities shall be Placed or Maintained in the Village's Public Rights-of-way
within one (1) foot of a sidewalk that is five (5) feet or less in width, w-h-i-c-h-mg—ay
require that meters, other ground equipment and similar and associated Facilities
be located on or directly adjacent to the pole or support structure upon which an
Antenna is located; and
(D Installation at outermost houndaa of Village's Public Rights-of-way. The
Placement of new Communications Facilities Wireless Communications
Facilities, Wireless Support Structures, utilities, or other Facilities is encouraged
to be at or near the outermost boundary of the Village's Public Right -of -
at the farthest distance practicable from the centerline thereof and
pavement. To the extent that the location of the sidewalk within the
Public Rights-of-way precludes compliance with other -requirements of this
23
Article, then the Village or the Registrant may propose, and the regi
include in the Permit application, a r -r uting of the sidewalk at the jggj��
own expense, in order to meet other requirement of this Article. Compliance with
this subsection may require that meters, other ground Qqui ment and similar and
associated Facilities be located on or directly adjacent to the pole or support
structure upon which an Antenna is located.
Compliance with other codes. All work regulated by this Article shall comply
with the Florida Department of Transportation Utilijy Accommodation Manual., as
same may be amended from time to time. In addition, such work shall com
21y
with Chapter 333, Florida Statutes, as applicable, and federal
pertaining to airport airspace protections.
Permit Applications. Permit applications to Place or Maintain a Communications Facilijy,
Wireless Communications Facilitv. Wireless Sutmort Structure. Utility. or other Facili
in the Village's Public Rights-of-way shall contain the following information; however,
Permit applications for Wireless Infrastructure Providers to Place or Mainjain Utility
Poles in the Village's Public Rights-of-way to support the Co -location of Small Wireless
Facilities are governed by the requirements of subsection (14) herein below, and Permit
applications for the Co -location of Small Wireless Facilities only are gove�d b �fthe
requirements of subsections (15) and (16) herein below:
W Site plan. A site ptW=jW show the location of the proposed Facilities in the
Village's Public Rights-of-way, in a hard copy format or electronic format
specified by the Village. For above ground Facilities, the site plan shall be signed
and sealed by a Florida licensed 12rofessional engineer. The site plan shall also
include:
Ci) a &�M of the Facilities to be installed, where the Facilities are�Mo bQ
located, and the size, dimensions and height of the proposed Facilities that
will be located in the Village's Public Rights-of-way; and.
Oii for new Communications FacitibLEWes or Wireless Support Structures, the
number of Co -locations the new poles or structures can support in tenns of
capaci1y; and
24
LjW a statement signed and sealed by a Florida licensed engineer
attesting that the new Communications Facility Pole or Wirelesa Support
Structure is designed to meet Florida Building Code Chapter 16 "Structural
Design Requirements" specifically with respect to wind loading criteria for
high velocity hurricane zones.
Description of installation or construction.
Qi A descri tion of the manner in which the Facilijy will be installed and/or
modified (i.e. anticipated const ction methods or techniques),
Dii A des�Q of Stealth Design to be utilized, see Village Code Section 63-
a 5 Ub.
LjW Alternatively, a—sig—ned and sealed statement from a Florida licensed
rofessional en2ineer that Stealth Desi2n cannot be utilized on any T)articular
Facility and providing documentation demonstrating tQ the satisfaction of the
Village that the proposed Facility cannot employ Stealth Design and the
proposed exterior location and configuration of equipment proposed are the
minimum equipment necessga to achieve the needed Lunction.
(3
Tempomry sidewalk closure plan. A teMoran sidewalk closug� Ian if
appropriate, sigLied and sealed by a Florida licensed professional engineer, given
the Facilijy proposed, to accommodate Placement or Maintenance of the
Communications Facilijy, Wireless Communications Facili1y, Wireles5_ Support
Structure, Utili1y, or other Facility -
(4) Temporary modTmcation of traffic 6WT) plan. A temporaa traffic lane closure
and manaizement of traffic (MOT) r)lan, if amromiate, si2ned and sealed by
Florida licensed professional engineer, given the Facilijy proposed to
accommodate installation and/or modification of the Communications Facility,
Wireless Communications Facilijy, Wireless Support Structure, Util ty. or other
f5) -Ca aci1y of abutdaZ --ts-of-way to accommodate the
p __ Public Righ
_U11age
cumulative impact of the proposed FacilLty and other Facilities within the
Village's Public Rights -o. -way. Information that the proposed Facilijy will not
materially interfere with other existing and proposed Facilities, including below
25
grade, at -grade and above grade Facilities, in the Village Public Rights -
available (such information shall be provided without certification as to
correctness, to the extent obtained from other Persons
I
C6) RestoLgjt�ion lan and cost of restorati n of the Village's Public Right-of-way.
Given the Facility proposed, a restoration plan and an estimate of the cost of
restoration of the Village's Public Rights -o
Timeta&e
_for construction or installation and intended areas of service. The
timetable for Placement or Maintenance of the proposed Facilijy or each phase o
the Placement or Maintenance thereofand the intended areas of the Village to be
served by the Communications Facility, Wireless Communications ladility
Wireless Support Structure, Utilijy, or other Facility.
M Certification as to removal of Abandoned Facilities. The -applicant shall certiN
that any and all of its Abandoned Facilities within the Village's Public Rig_hts-of-
way has or have been removed, indicating the prior location of such Abandoned
Facilities.
Information regarding distance aration. In order to assess the impacts on the
Village's Public Rights-of-way resources and.the potential for Co -locations or use
of Repurposed Structures, identification of all Communications Facility Poles and
Wireless Support Structures in the Village's Public Rights-of-way within a three
hundred fifty (350) foot radius of the proposed new Communications Facility,
Wireless Communications Facilijy, Wireless Support Structure, Utility,or other
Facility (such information may be produced without certification as to correctness
to the extent obtained from other registrants with Facilities in the Village�s Public
Rights-of-way). Pursuant to the Advanced Wireless Infrastructure Deployment
Act set forth at Sec. 337.401(7), Florida Statutes, as sam�-�a be amended from
time to time, this requirement shall not apply to applications for Permits for the
Co -location of Small Wireless Facilities.
CUO Identification of all above -grade structures within the Village's Public
way within a three hundred Cifty (350) foot radius. In order to assess the impacts
on the Village's Public Rights-of-way resources, the impact on properties within
the Permit area, and the potential for Co -locations or use of Existing -Structures,
26
identification of all Above-prade structures in the Village's Public R
within a three hundred fifty -A3501 foot radius of -the ro osed new
Communications Fa���Iess Communications Facility, Wireless Su o�rt
Structure, UtiliM or other Facilijy (such infonnation may be produced without
certification as to correctness to the extent obtained from other Registrants with
Facilities in the Village's Public Rights-of-way),
(11) Aff&davits.
01 An -application for a Permit to install a new Communications
Wireless Communications Facility, Wireless Support Structure,
other Facility shall include an affidavit from a Florida licensed professional
engineer setting forth all the facts relied upon in the applicant's attempt to
both Co -locate or Attach Lhe -pro osed new Communications Facility
Wireless Communications Facilijy, Wireless Support Structure,
other Facility on an Existing- Structure within the Village's Public ights-of-
way, as well as on property outside the Village's Public Rights-of-way within
a three hundred fifb
j_(350 bot radius of the proposed new Facilijy.
Ef
ffiii) An ipplication for Co -location shall include an affidavit from the owner of the
Facility or Existing Structure being Co -located upon that the "Plicant has
been granted permission to attach to the Facilijy or Existing Structure bein
Co -located upon.
fU2 ReZiLstrant agrees to indemn ication. A statement shall be included within the
application for a Permit that by execution of -the application and by applying for
the Permit, the Registrant agrees to be bound to the Village with respect to the
indemnification provisions set forth in Village Code Section 63-39 herein as
though such indemnification provisions are set forth verbatim in the Permit
application.
CU3 Additional information as reasonably required for review of PermLt application.
Such additional information as the Village finds reasonably necess
respect to the Placement or Maintenance of the Communications -Eacility,
Wireless Communications FacilitL Wireless Support Strug���,00r other
Facilijy that is the subject of the pennit a plication to review such Permit
27
application, which information may include—but is not necessarily limited to
evidence satisfactory to the Village that the proposed Facilijy will a "tose a risk
of explosion, fire, or other danger to life or propeM due to its p
volatile flammable, explosive or other dangerous chemicals, and a written
statement from a qualified radio frequency engineer that the construction and
placement of the l2roposed Facilijy coMlies with FCC rules and rggILlations
goveming Communications Services including but not limited to the emerggncy
alert system when applicable, emissions standards, and non-interference with
public safety communications.
(U4 Permits to Place or Maintain Wireless Infrastructure onl
y. A Wireless
Infrastructure Provider may apply for a Permit to Place or Maintain Utility_Poles
in the Village's Public Rights-of-way to support the Co -location of Small
Wireless Facilities. The Pennit application must include attestation that Small
Wireless Facilities will be Co -located on the Utility Pole or Wireless Su ort
DD -
Structure and will b�j__�d b�a Wireless Services Provider to provide Wireless
Service within nine (9) months after the date the Permit application iLgpproved
by the Village. All such applicat ons shall be processed according to applicable
timeframes and Applicable Codes.
a5 lit Co -location PernziLg Pursuant
Small Wireless Faci y— -pplication consolidation.
to the Advanced Wireless Infrastructure Doloyment Act set forth at Sec.
337.401(7), Florida Statutes, as same may be amended from time to tilme an
applicant seeking to Co -locate Small Wireless Facilities within the V
at the applicant's discretion, file a consolidated application for a single -permit for
the Co -location of Lip to 30 Small Wireless Facilities. Within any such
consolidated application, the Village may separately address Co -locations. for
which incomplete information has been provided, or which are denied.
tU6 Permits to Co -locate Small Wireless Facilit&L-� Notwithstanding —the
foregoing Permit application requirements contained in this subsection, ursuant
to the "Advanced Wireless Infrastructure. Deployment Acf 'as codified at Florida
Statutes Sec. 337.401(7) and as specified in Sec. 337.401(7)(c), Pennit
applications to Co -locate Small Wireless Facilities are only reguired to contain
28
information sufficient to demonstrate that the -c�
-�ues=ed Co -location lie�s
with Applicable Codes in the locations specified in the application. Thg�-�Villa �e
may deny an application to Co -locate Small Wireless Facilities only if thg�
proposed Co-locatio.n:
Qi MatuiaRy-imerferes with the �fe o �eration of traffic control equipment.
Oii Materially interferes with sight lines or clear zones for transpartation
pedestrians, or public safety-pum—oses.
UW Mgkrjdly.JMrferes with compliance with the Americans with Disabilities
Act or similar federal or state standards regarding pedestrian access or
movement.
Civ) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual.
Ov Fails to co=ly wkh Applicable Codes.
Oc Permit does not create a property right: program areas where overhead utilides are
being placed underground. A Permit from the Village constitutes authorization to
undertake only certain activities in the Village's Public Rights-of-way in accordance with
this Article, and does not create a propeM right or grant authorijy to imping�j_�n fthe
rights of others who may have an interest in the Village's Public Rights -of -w
it create a property right to maintain a Communications Facilijy, )Mireless
Communications Facilijy, Wireless SLipport Structure, Utilijy, or other Facili
overhead Facilities are being placed underground pursuant to a Village Droaram to
underground such overhead Facilities.
CdJ Ay-oidance o erence )f �hVill�ae Public Rights -q --wa
f unreasonable interf f --y-
W All new Communications Facilities, Wireless Communications Facilities,
Wireless Supl2ort Structures, Utilities, or other Facilities shall be Placed or
Maintained so as not to unreasonably interfere with the use of the Village's Public
Rights-of-wgy by the public, which may require that meters, other ground
equipment and similar and associated Facilities be located on or directly-adjg—kcent
to the pole or sLipport structure upon which an Antenna is located.
Q Trenchless technology and ioint trenching, The use of trenchless technology=Ciu.
directional bore method) for the installation -of Facilities in the Village's Public
29
Rights-of-way as well as joint trenching for the Placement of Facilities ine�
conduit is strongly encouraged and should be employed wherever feasible.
Oe Avoidance of interference, displacement, damage or destruction, or destruction o other
L—
facilities. A Registrant shall not Place or Maintain its Communications Facilities,
Wireless Support Structures, Utilities, or other Facilities so as to interfere wi
damage or destroy any Facilities, including but not limited to sewers, gas or water mains.,
storm drains, storm drainage lines, pipes, cables or conduits of the Village QLguy other
Person's Facilities lawfully occupying the Village's Public Righia:Qf-way,
fb Coordination with other work in Village Public Rieh-ts-of-way. Upon reglie-st of the
Village, and as notified by the Village of other work, construpfion installation orrMairs
referenced below, a Registrant may be reguire to coordinate Placement or Maintenance
activities under a Permit with any other work, construction. installation or re��
may be occurring or scheduled to occur within a reasonable timeframe in th
Village Public Right-of-way, and the Registrant may be required to reasonably alter its
Placement or Maintenance schedule as nece o as to minimize disruptions and
disturbance in the Village's Public Rights-of-way and rninirnize�n interference with the
existing Communications Facilities, Wireless Sup
port Structures, Utilities, or other
Facilities.
Temporary raising and lowering of Facilities as accommodation. Subject to applicable
law, a Registrant shall, on the request of any Person holding a Permit issu��-d �bfte
Village, teMorarily sUpport, protect, raise or lower its Communications Facilities
Wireless Support Structures, Utilities, or other Facilities to permit the work authorized by
the Pennit within the Village's Public Rights-of-MLay. The expense of such tempor
saport, protection, raising or lowering of_ Facilities shall be paid by the Person
requesting the same, and the Registrant shall have the authori1y to require such payment
in advance. The Registrant shall be gLyen not less than thirty (30) days advance written
notice to arrange for such temporary relocation. If the Village requests the temorga
support, protection, raising or lowering of a Facilijy for a public purpose, the Village
shall not be charged for the temporaa support, protection, raising or lowering of the
Facilijy unless as otherwise provided bv Section 337.403 or Section 337.404 Florida
Statutes.
30
Restoration of Villave Public Rights-of-way. After the completion of any work involvin
Communications Facilities- Wireless Support Structures, Utilities,. or other Facilities in a
Village Public Right-of-way or each phase thereof, a Registrant shall. at its o
restore the Village Public Right-of-way to its existing condition prior to such work. If the
Registrant fails to make such restoration within thiM (30) days, or such longer period o
time as may be reasonably required under the circumstances, following the completion of
such Placement or Maintenance work, the Village may perform restoration and charge
the costs of the restoration -against the Registrant in accordance with Section 337.402
Florida Statutes as same may be amended from time to time. For twelve (LZ).months
following the original. completion of the work, the Registrant shall _gllarantee its
restoration work and shall correct any restoration work that does not satisfy the
requirements of this Article at its own exptnse.
Cij Removal or relocation. - Zoverned by State law: conversion of overhead Facilities to
underffound Facilities.
LD Removal or relocation at the direction of the Village of a & �strant's
Communications Facilities, WirellessS�uort Structures, Utilities, or other
Facilities in a Village Public Right-of-way shall be governed by the Movisions of
Sections 337.403 and 337.404, Florida Statutes as same may be amended from
time to time. Relocation or removal may be reguired at the Registrant's sole
expense for, among other reasons, cQnflicts with- Village drainage or
transportation faci�fities.
M Subject to applicable -provisions of law, whenever existing overhead Utility
A
Facilities are converted to underground Facilities, any Registrant having
Communications Facilities located on a Communications Facilijy Pole, Wireless
Support Structure, Utilijy Pole or other Facility shall arrmge for the conversion to
underground facilities or relocation on the same terms and conditions as the other
Utilijy Facilities that are being converted to underground Facilities.
W Maintenance in accordance with indusLry standards and aMlicable law. A Registrant
shall maintain its Communications Facilities, Wireless Support Structures, Utilities or
other Facilities in good condition, order and repair in a manner consistent withac�ted
31
industry practice and applicable law so that the same shall not endanger the life or
propert -M
y of any person or other Facilities in the Village's Public Rights -of -W
Maintenance of 2_r
qffzti plan. Communications Facilities, Wireless Sjjpport Structures
Utilities, or other Facilities within the Village's Public Rights-of-way, including any
appurtenant features incorporated therewith under this Article shall be maintained so that:
fD They are free of Graffiti visible from the Village's Public Rights -of --way or
surrounding properties at grade. All Graffiti shall be removed within ten (10)
working days from receipt of notice thereof by the VillageLand
They are reasonably free of dirt and greagj�W coffosion in visible metal
areas, chipped, faded, peeling and cracked paint that is visible from the Village's
Public Right-of-way at grade. All such conditions shall be remedied within ten
(10) working dgys from receipt of notice thereof from the ViRlage.
(1) Safety "r ctices: encourage strengthening UtilLty infrastructure and in astructure
hardening plan. All safely practices reguired by applicable law or accepted industry
practices and standards shall be used during thg- Placement or Maintenance of
Communications Facilities, Wireless Support Structures, Utilities. or other Facilities.
The Village's policies strongly favor strengLhening Utiljjy infrastructure and jamarticular
as it relates to flooding and hurricane related events, and registrants are encourag-ed to
implement an infrastructure hardening plan for any -Communications Facilities Wireless
Support Structures, Utilities, or other Facilities within the Village's Publi��-�hts�-of-
WAY-
(m
)Underground Facility damage prevention and safe& act. In connection with excavation
in the Village's Public Rights-of-way, a Registrant shall, where applicable, c
the Underground Facili1y Damage Prevention and Safety Act set forth in C
Florida Statutes as same may be amended from time to time.
Cnj Use of due caution. Registrants shall use and exercise due caution, care and skill in
performing work in the Village's Public Rights-of-way and shall take all reasonable steps
to safeguard work site areas, includingbut not limited to those safeguards set forth in
Chapter 33 of the Florida Building Code.
Lo) No warranties or representations regar—ding fitness, suitabilitv or availabildy of Village
Public Rip_hts-of-way. The Village makes no warranties or representations regaLding the
32
fitness, suitability, or availability of the Village's Public Rights-of-way for the
Registrant's Communications Facilities, Wireless Support Structures, Utilities orother
Facilities. Any performance of work, costs incurred or services provLdie-d—ly —the
Registrant shall be at the Registrant's sole risk. Nothing in this Article shall affect the
Village's authority to add, vacate or abandon its Public Rights-of-way, and the Village
makes no warranties or representations regarding the availabilily of aLiy added—vacated or
abandoned Public Rights-of-way for Communications Facilities, Wireless Support
Structures, Utilities, or other Facilities.
fp) RiCht of Inspection. The Village shall have the right to make such inspections of
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities
Placed or Maintained in its Public Rights-of-way as it finds necessary and upon
reasonable notice to ensure compliance with this Article.
W Upon cLo�letion of work authorized by my Permit, in the event that field work
resulted in changes from the Permit plans,. the Registrant shall fumish to the
Village, at no cost to the Village, one complete set of sealed "as -built" plans -or in
the case of any underground Utility Facilities a sealed survey showing the exact
location of such Facilities, including their depth; or in either case, such other
documentation describing the location (including height or depth, as the case may
be) of Facilities as the Village mgy=approye,
0 The "as -built" plans shall be in an electronic format specified by the Village and
shall be provided to the Villag� at no cost to the Villag .
Q1 This rg��rement shall be in addition to, and not in lieu of, any filings the
Registrant is reguired to make under the Underground Facility
Prevention and Safety Act set foah in Chapter 556 Florida Statutes as same may
be amended from time to time. ,
(4� The fact that such "as-builf' plans or survey.is on file with the Village shall in no
wgy abrogate the duty of any Person to comply with Lhe aforesaid UndergLQund
Facilijy Damage Prevention and Safejy Act when performing work in the
Village's Public Rights-of-wa .
W Any propridau confi-dential business information obtained from a Registrant in
connection with a Pe�t a �Iication shall be held confidential by the V
illa
g—eto
33
the extent required by Section 202.195, Florida Statutes as same may be amended
from time to time, provided the Registrant so notifies the Village which
information is confidential in accordance with Florida's Public Records Laws.
Ccl) Florida Building Code: high veloci& hurricane zone. In addition to the rNuirements of
this Article, all permitted Facilities shall comply with the applicable provisions of the
Florida Building Code. Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities shall be considered to be structures under Building Risk
Category IV, Structures, Chapter 16 Section 1620 — 1621, High Velociiy Hurricane Zone
Area. Signed and sealed dQaigaind wind load calculation shall be provided by a Florida
licensed professional engineer and a Pennit under the Florida Building Code shall be
Cr) Permit processing pr ime&ames: "Shot Clock". The Village's action on
qcedures and tL
proposals to Place or Maintain Communications Facilities, Wireless Suppo
Utilities, or other Facilities shall be subject to the standards and time frames set out in
Section 365.172, Florida Statutes as same mgy be amended from time to time; and 47
U.S.C. § 1455 (a) and Orders issued by the FCC, as same may be amended from time to
time. All federal and State "shot clock" timeframe guidelines that =ly to aW particular
permit are hereby recognized by the Village. Applications for Permits pursuant to
Section 337.401(7), Florida Statutes shall be handled as follows: The Village shall notify
Wlicants for Permits via e-mail of all determinations regarding the completeness of an
application and of all approvals or denials of same. The Village shall determinewithin
fourteen (14) days after the date of filing an application for the -Co -location of a Small
Wireless Facility -or for the Placement of a new UtiljW Pole intended to support a Small
Wireless Facilijy. whether the application is complete. If an application is deemed
incomplete, the Village shall.notify the applicant by electronic mail and specificall
identify the missing information. An application shall be deemed complete ifftheVilla e
fails to notify the applicant otherwise within fourteen (14) dgys after the date of filin the
application. Denials shall specify the basis for the denial, including specific code
provisions Lipon which the denial is based. Denials shall be sent via e-mail on Ihe same
day that the denial determination is made. The applicants- a cure the deficiencies
identified by the Village and resubmit -the application within 30 days after the notice of
34
denial is sent to the applicant. The Village shall approve or deny the revised-=Iication
within 30 days after receipt or the application is deemed approved. Subse�Luent review
shall be limited to the deficiencies cited in the denial. Within sixty (60) days after the
date of filing a complete application for the collocation of a Small Wireless FadliWA
within ninety (9�a s �after the date of filing a complete application for the placement of
a new Utility Pole intended to support a Small -Wireless Facilijy, the
approve or deny the application. Negotiation regardin alternative locations shall extend
the approval timeframe as set forth in Sec. 63-35(k) and (m).
Os Routine Maintenance and emergency notices and &s. In the case of routine
-paraL -
maintenance (including "out -of -service" repairs) that would otherwise not reqWLe a
Permit, as well as the replacement of existing Wireless Facilities with Wireless Facilities
that are substantially similar or of the same or smaller size that would otherwise not
require a Permit, a Registrant shall provide at least three (3) business days' advance
written notice to the Village identifying the areas where such maintenance
scope of maintenance, date(s) and duration of work to be performed. In the event any
such work will interfere or impact the Village's drainage, transportation facilities
including sidewalks, any rNuired lane closure, sidewalk closure or drainage Permits will
be required prior to the commencing of any work governed by this Article. In the case of
an emergency, a Registrant mgy restore its damaged Facilities in the Village's Public
Rights-of-way to their pre -emergency condition or replace its destroyed Facilities in the
Village's Public Rights-of-way with Facilities of the same size, character an
without first applying for or receiving a Permit.
W The term "emerg=��shall mean a condition that affects the public's health,
safety or welfare, which includes an unplanned out -of -service conditi
existing service.
0 A Registrant shall provide prompt notice to the Village of the emerge or
replacement of a Communications Facilities, Wireless Support
Utilities, or other Facilities in the Village's -of-way, and shall be
required to obtain an after -the -fact Permit if a Permit would have origin
required to perform the work undertaken in connection with the emerg
35
Pen -nits are required for any work that involves excavation of a sidewalk or
closure of a vehicular lane.
(t) Issuance ofPermit in violation of code or construction in violat
W The issuance of a Permit for Communications Facilities— Wireless Support
Structures, Utilities, or other Facilities shall not be construed as a right to
Placement or Maintenance of Communications Facilities, Wireless Support
Structures, Utilities, or other Facilities that fail to meet the requirements of this
Article.
The issuance of a Permit for Communications Facilities, WirelesL=Su
Mp.ort
Structures, Utilities, or other Facilities shall not be deemed or construed to be a
Permit for or approval of any violation of any of the provisions of this Aiticle. A
Permit presuming to give authorijy to violate or cancel the provisions o=fVi la
Code Chapter 63 shall be void and invalid except insofar as the work or use which
it authorizes is lawful.
Lu) Permit errors. The issuance of a Permit shall not prevent the Village from thereafter
requiring the correction of errors when in violation of Village Code Chgpter 63.
Lv-) No Permit fees for work under this Article. Pursuant to Section 337.401(3) (c) (1) (b),
Florida Statutes as same may be amended from time to time, and otheLApplicable
provisions of law, and notwithstanding any other provisions of Village Code, the Villagge
hereby elects not to chargg permit fees to any Registrant for Permits to do work in the
Village Public Rights-of-wgy under this Article. Pass -Through Providers shall be subjec
to the fees set forth at Village Code Section 63-45.
Cw) Small Wireless FaciliU Co -location Permit gWlicat n consolidation. Pursuant to the
Advanced Wireless Infrastructure Deployment Act set forth at Sec. 337.401
Statutes. as same mav be amended from time to time, an ar)r)licant seekina to Co -locate
Small Wireless Facilities within the Village may ap
, at the plicant's disc
consolidated application for a single Permit for the Co -location of up to 30 Small
Wireless Facilities. Within any such consolidated application, the Village may
address Co -locations for which incomolete information has been movided, or which are
denied.
IR
See. 63-35. Standards for compatffiffift with adLacent properties; prevention of pole
proLif—er-ation and saturation 12f Villape Public Rights -i -wa .
2f
Oa In GeneraL Communications Facilities, Wireless Support Structures, Utilitiesand other
Facilities shall be de igned in such a manner that the Facilities are compatible with
adjacent properties and minimize any negative visual impact on the adjacent properties.
In order to achieve coMatibility with adjacent properties and to minimize the n�j �fiye
visual impact on adjacent properties, the following regulations shall apply., unless waived
pursuant to this Section.
(bj Stealth Design. Stealth Design for Communications Facilities, Wireless Support
Structures, Utilities, or other Facilities shall be utilized wherever 12ossible in order to
minimize the visual impact of such Facilities on adjacent properties and in order to
eliminate the need to locate my ground or elevated equipment on the exterior of a
Facility or Existing Structure. Stealth Design is not required with respect to wir�jine ole
attachment installations made in the communication space of Utilijy Poles. Stealth
Design features may include, but are not limited to, th
(D For new Communications Facility Poles and new Wireless Support Structures, as
well as Existing Structures in the Village's Public Rights-of-way, top mounted
antennas within enclosures that do not extend more than ten (10) feet above the
supportWg_structure, or side mounted antennas within enclosures that extend no
more than two (2) feet beyond the exterior dimensions of the supporting structure
at the level of antenna attachment. Nothing contained in this subsection is
intended to restrict the Placing and Maintaining of Small Wireless Facilities
pursuant to the Florida Advanced Wireless Infrastructure Deployment —Act as
integrated into this Article and as set forth at Sec. 337.401(7). Florida Statutes, as
same may be amended from time to time.
M New support structures shall incorparate features of similar, exist ng Facilities in
the same Right-of-way. For example, where the Right-of-way contains existin
Utilijy Poles, any new Utility Pole or Wireless Support Structure shall incorporate
a desigLi with similar features, colors, textures, etc.
37
(3) The use of foliage..and vegetation based on conditions of the s ecific area where
a -
the Facilijy is to be located. Trees, if appropriate, shall be detertnLn—edand
approved by the Village under separate Permit
W Equipm���wraM
(5)
fbJ Street I es.
0 Other Stealth Design proposed by an applicant and approved by the Villaye based
on unique circumstances applicable to the Facilijy or the location or both.
M Artificial replication of trees or other natural objects is prohibited.
LO No Signage. Registrants shall not
-place or maintain signage on Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities Placed or Maintained
in Village Public Rights-of-way, unless otherwise required by federal or Slate .1aw
provided, however, that Existing Structures that lawfully supported signage before being
Repuiposed may continue to support signage as otherwise pennitted by law or Village
Code, as same may be amended from time to time.
(dd) Exterior finish. Communications Facilities, Wireless SLipport Structures, Utilities—or
other Facilities not requiring FAA painting or marking, shall have an exterior —hard
durable finish which enhances compatibility with adjacent uses, as approvod �bfte
VLllage,
Cej Lkghtiny, Communications Facilities, Wireless Support Structures, Utilities orother
Facilities shall not have any type of lighted signal, lights, or illuminations unless 1�� �ired
by an applicable federal, State, or local rule, regulation, the FAA or law
however, the Village mgy require the installation of a street light on a new
Communications Facility Pole or Wireless Support Structure or—an Existing Structure
functioning as a light pole. -
(D Height restrictions. Subject to the equipment volume and Antenna volume Limitations
included in this section. Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities. including any attached Antennasshall not exceed the
following height:
W Arterial Roads, CoLle—ctor Roads and Local Roads. The top of the uppen-nost
Antenna arrgy, or Co -located or attached equipment, on a new Communications
38
Facilijy Pole or a new Wireless Support Structure shall not exceed the hei ht o
the closest light pole on that same Road.
Q Top mounted Antennas not part of a Small Wireless Facilijy may extend an
additional four (4) feet in height in excess of the Height Limitations set forth inM
(1) above.
tD For each Co -location or Repurposed Structurelop mounted Antennas nQt part of
a Small Wireless Facility may extend an additional six (6) feet in height in excess
of the height limitations set forth in (f) (1) above.
(4
) All Antennas shall be no less than eight L81 feet above Grade.
(51 The maximum height of my Small Wireless Facilijy shall be ten (10) feet above
the pole or structure upon which the Facility is Placed, Maintained or Co:.--Io—cated.
Unless waived by the Village, the maximum height for any new Utiliiy Pole or
Wireless Support Structure shall nut exceed the tallest existing Utility.Pole as of
July 1, 2017 in the same Right-of-way. o er than a Utility Pole for which a
waiver has previously been granted, measured from grade in place within 500 feet
of the proposed loc ion for the new Utility Pole or Wireless Support Structure; or
50 feet if there is no existing Utility Pole in the same Right-of-way within 500
feet of the proposed location for the new Utility Pole or Wireless
Structure.
W Equipment and Antenna volume.
W Sub
ject to height li—mits and Antenna volume limits, equipment that may be
associated with Communications Facilities (other than Small Wireless Facilities
which are regulated above) attached to -an Existing Structure or a new
Communications Facility Pole or a new Wireless Support Structure located in the
Village's Public Right-of-way, and Utility Poles or other above grade
structures, shall not exceed seventeen (17) cubic feet.
Antenna volume. Subject to height limits and equipment volume limits, each
Antenna that may be associated with the installation of a Communications
Facilijy (other than Small Wireless Facilities which are regulated above) shall no,
exceed morelhan six (6) cubic feet in volume. Each Antenna that is expo—secLand
39
not concealed within a concealment enclosure, shall fit within an iniaginnary
enclosure that does not exceed six (6) cubic feet.
ffl Prohibition against Placement on roads where. Village has plans for i ewalks:
"r ference for Arterial or Collector roads. No new Communications Facilities
Wireless
Support Structures, Utilities, or other Facilities or.other new sppport strucUres shall be
Placed or Maintained in the swale area on the side of a road or where the Village has
plans to install a sidewalk of five (5) feet in width or more, nor shall such new
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities or
other new support structure be located in such a manner that would preclude a five (5)
foot clear pathway for the planned sidewalk. Otherwise, new Communications Facilities,
Wireless SLipport Structures, Utilities—or other Facilities or other new support structures
shall generally be Placed and Maintained in Arterial or Collector roads whenever
possible. Placement of new Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structures in Village Rights-of-way
other than Arterial or Collector roads shall be justified by the aolicant to the satisfaction
of the Village prior to the issuance of any Permit. Compliance with this requi
require that Facilities such as meters and other ground equipment be located on or
directly adjacent to the pole or support structure upon which the Antenna is located.
01 Minimum distance separation from e avement. No new Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other newa�oq
structures shall be Placed or Maintained in the Village's Public Rightsnof-way in
violation of minimum distance separation from edge of pavement in accordance the State
of Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways, as samg�-�ke
amended from time to time. In accordance with said manual, the V
Mlla-ge shall have the
authorijy to reduce any offset where that offset cannot be reasonably obtained, and other
alternatives are deemed iMractical. Additionally, the Village shall have the authority to
decide reductions in the clear zone..in. accordance with the above referenced manual.
Compliance with this requirement may require that Facilities such as meters and other
ground equipment be located on or directly adjacent to the pole or support structure upon
which the Antenna is located.
40
(i) Minimum distance separation fi:om existin,Q, s' ewalk. No new Communications
Facilities, Wireless Support Structures, Itilities, or -other Facilities or other ne
structures shall be Placed or Maintained in the Village's Public Rights-of-way within one
(1) foot of an existing sidewalk that is five (5) fe�t or less in width, which may require
that facilities such as meters and other ground equipment be located on or directly
adjacent to the 12ole or support structure upon which the Antenna is located. Co -location
and use of ExjAWgB=urj2osed Structures are exempt from this requirement. The
placement of new Utility Poles for purposes of the installation of a Small Wireless
Facilijy are strongly encouraged to comply with this distance _se -liance
Daration. Comp —
with this reguirement may require that Facilities such as meters and other ground
eguipment be located on or directly adjacent to the pole or supl2ort structure upon which
the Antenna is located.
Lk) Distance separation between Communications FacilLty Poles and Wireless -&-pp-o-r-t
Structures and other neLv�y wt structures in Village Public Rights -of- _U,
w -
Communications Facility Poles, Wireless Support Structures and other new support
structures in the Village's Public Rights-of-way must be spaced a minimum of three
hundred fifty (350) linear feet apart from each other, along the line of general vehicular
travel, except that no distance requirement shall apply to Co -locations, Rep=osed or
Existing Structures. Compliance with this requirement may requine that facilities such as
meters and oLher round equipment be located on or directly adjacent to the -pole or
support structure upon which the Antenna is located. Pursuant to the Advanced Wireless
Infrastructure Deployment Act set forth at Sec. 337.401(7), Florida Statutes, as same
may be amended from time to time, distance separation between the Co -location of Small
Wireless Facilities shall not be applied. However, within 14 days of the date of the filin
of a permit application for placement of Small Wireless Faciliti s the Villagg� �wa
request relocation of a proposed Small Wireless Facility and/or placement of the Small
Wireless Facility on an altemative poleorsAWport structure. In the event that such a
request is made, the Village and the applicant shall negotiate pursuant to the Advanced
Wireless Infrastructure Deployment Act set forth at Sec. 337.401(7), Florida Statutes. as
same may bg amended from time to time.
41
01 Sight Distance. No new Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structures shall be constructed or
installed within a triangular shaped area of land, known as a "clear site triangle" as
defined in the Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways.
Cm
Emphasis on Arterial or Collector Roadways. Registrants seeking to Place or Maintain a.
Communications Facility Pole or a Wireless Support Structure in the Village's Public
Rights-of-way shall locate their Facilities in Arterial or Collector Roads. whenever
possible. See subparagraph (h) above for certain restrictions. An application for a Pennit
to place a Communications Facility Pole or a Wireless Support Structure in a Villa e
Public Right-of-way other than Arterial or Collector Roads shall e2wlain why the
applicant is unable to locate such Facilities in or adjacent to an Arterial or Collector Road
and shall demonstrate to the satisfaction of the Village Engineer the need to locate the
Facilities in the areas proposed in the application. Pursuant to the Advanced Wireless
Infrastructure Deployment -Act set forth at Sec. 337.401(71 —Florida Statutes as—same
may be amended from time to time, this requirement shall not be applied to applications
for the Co -location of Small Wireless Facilities. However, within 14 days of the date of
the filing of a Permit application for Placement of Small Wireless Facilities, the Village
may reguest relocation of a proposed Small Wireless Facilijy and/or Placement of the
Small Wireless Facility on an altemative pole or support structure. In the event that such
a request is made, the Village and the applicant shall negotiate pursuant to the Advanced
Wireless Infrastructure Deployment Act set forth at Sec. 337.401(7), Florida Statutes, as
same may be amended from time to time. –Upon delegation to the Vil
regulatory authorities in this Article by the County, State or U.S. Department of
Transportation or all of the foregoing entities, then the Village may enforce . such.
regulations in this Article within the corporate boundaries of the Village on such countL
State or federal roads to the extent such authority has been delegated to the V Ila e as
stated above.
On Prohibition against Placement in residential front yard. NQ new Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other ne
42
structures shall be placed within a Village Public Right-of-way that abuts any front yard
of a residential prpperty,
Coj Limitation on Placement in residential camcLya�& New Communications Facilities
Wireless Support Structures, Utilities, or other Facilities or other new support structures
within the Village's Public Rights-of-way abutting a-�mer�ard of a comer lot of a
residential property shall not be placed any closer than ten (10) feet from the side
property line of the lot abutting and adjacent to the gomer lot.
fo Not sip_niticantl -om-pL
y impair view fi &ncipal structures within residential areas. All new
Communications Facilities, Wireless Support Structures, Utilities or other Facilities or
other new support structures shall be located such that views from-prLncipal structures
within residential areas are not significantly impaired. Where possible, newly installed
Facilijy poles or support structures should be located in areas with existing foliage or
other aesthetic features in order to obscure the view of the Facilily or support structures
within residential areas. Thejg� �irements of this subparagraph shall not apply to Existing
Structures, when there is a one-to-one use or RepuMosing of an Existing Structure.
f-0 Regulations specific to Authority Utility Poles. The following regulatio
Authorijy Utilijy Poles pursuant to the Advanced Wireless Infrastructure Deployment Act
set forth at Sec. 337.401(7), Florida Statutes, as same may be amended from time to
time:
M Co -location of a Small Wireless FacilAy on an Authorijy Utilijy Pole does not
provide the basis for the imposition of an ad valorem tax on the Authorit
Pole.
The Village may reserve space on Authorijy jjjjUjy
Toles for future public safety
uses. However, such a reservation may n"reclude the Co -location of a Small
Wireless Facility. If replacement of the Authorijy Utility Pole is. Rece
accommodate the Co -location of the Small Wireless Facilijy and the p
use, the pole replacement is sgb
ject to make-ready proyi�sions and the replaced
pole shall accommodate the future public sa
W Co -location of Small Wireless Facilities on Authority Utility Poles are subject to
the follQwi=
43
01 The Village pjay-not enter into an exclusive arrangement with any Person for
the right to attach eguipment to Authority UiiUbLPQIM
Ciji The rates and fees for Co -locations on Authority Utilijy Poles must be non-
discriminatoLry, regardless of the services -provided by the Co -locating -Person.
UW The rate to Co -locate Small Wireless Facilities on Authority Utili
shall not exceed $150.00 12er pole annually.
fiv) Any existing agreements between the Village and a Wireless Service Provider
relating to Co -location of Small Wireless Facilities in Village Public_Rights-
of-way that are in effect on July 1, 2017 shall remain in effect su—VLect to
applicable termination provisions, except that the wireless provider may
accept the rates, fees and terms established in this Chapter for Small Wireless
Facilities and Utilijy Poles, that are the subject of an application submitted
after same become effective.
ov By the latter of January 1, 2018, or 3 months after receiving a request to Co -
locate its first Small Wireless Facility on an Authority Utilijy Pole,
shall make available rates—fees, and terms for the Co -location of Small
Wireless Facilities on Authority Utility Poles that comply with this hapter as
well as Sec. 337.401(7), Florida Statutes, as same may be amended from time
to time.
Make rgAdy work.
01 For an Authority Utility Pole that supports an aerial facility used to provide
Communications Services or electric service, the parties shall comply -with the
process for make ready work under 47 U.S.C. s. 224 and implementing
regulations. The good faith estimate of the Person owning or controlling the
pole to support the requested Co -location must include pole replacement if
nece �a,
Li=ij For an AuthorLty Utility Pole that does not support an aerial facili1y used t -
provide Communications Services or electric service, the Village shall provide
a good faith estimate for any make ready work nec �sa to enable the pole to
support the requested Co -location, including necessaa pole replacement.,
within 60 days after receipt of a complete application. Make ready work,
44
including any pole replacement, must be completed within 60 days after
written acceptance of the good faith estimate by the applicant. Alte
the Village may require the applicant seeking to Co -locate a Small Wireless
Facili1y to provide a make ready estimate at the applicant's expense for the
work necessaa to support the Small. Wireless Facility, including --pole
replacement, and perform the make ready work. If pole rolacement 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 comosition. The Village may 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 Village's Public Right-of-way. The replaced or altered -Utility
Pole shall remain the propeM of the Vil
UW The Village may-goLre uire more make E� �dwoA than is required to meet
-q===
Applicable Codes or indusury standards. Fees for make ready work may not
include costs related to pre-existing damage or prior non-compliance. Fees
for make ready work, including pole replacement, may not exceed actual costs
or the amount charged to Communications Services Providers other than
Wireless Services Providers for similar work and may not incl�ude a�n
consultant fee ore�nse�
®r Waiver of application of the requirements of this section by Villag_e Enzineer.
W Nothing in this section shall be construed to prohibit or have the effect of
prohibiting the nondiscriminatory and competitively neutral use of Village Public
Rights-of-wgy by Communications Service Providers, Communication
Providers, Wireless Infrastructure Providers or Pass -Through Pr
violation of federal or State law. Nor shall mything in this section be construed as
being in violation of the Florida Advanced Wireless Infrastructure D�lo m�ent
Act as set forth at Section 337.40L(Z)
Blorida Statutes, as same may be amended
from time to time.
M A request for a waiver shall be filed with the Village Engineer contempo
with the Permit application.
45
(31 The request for waiver shall include each section and subsection of this Article for
which a waiver is sought. A reguest for a waiver shall include all information
described in this subsection and any other reasonable infonnation the Villagg may
reasonably require to process the waiver reglLest.
(4) The following provisions shall govern the granting or denying of a request for a
waiver under the requirements of this Section, and the Village Engineer shall
consider same, as gpplicable to any particular waiver request, in detennining
whether to grant a waiver:
01 A detailed explanation, with supporting engineering or other data, as to why a
waiver is required in order to allow the Registrant/applicant to have
nondiscriminatory and competitively neutral use of the Village's Public
Rights-of-wM
oli AvailahjUbLof other Co -location opportunities within the Publ
way-;
tiW Size and height Qf the ro osed Facilitie
-p� -S
Civj Location and separation distances of the proposed Facilities;
Lv) Nature and characteristics of the adjacent prQgQrties-
(vi) Adjacent and nearby topography, tree coverage and foliage of the adLacent
(YW Design of the PrQp—osed Facilities with -padLcular reference to aghlie-y-i-ang
compatibili1y with the adjacent properties and elimination of adverse visual
impacts of such Facilities on the adjacent properties;
(XjW Any other factors the Village Engineer determines to be relevant.
(�) In granting any waiver, the Village Engineer may impose conditions to the extent
he or she concludes such conditions are necessary to minimize any adverse effects
of the proposed Facility on the adjacent properties or tQ-p—rotect the health, safe!y
and welfare of the VLllage and its residents.
fo The Village Engineer shall have authority to grant a waiver if the gpplic s
by a preponderance of the evidence that each of the below criteria have been met
in the application for a waiver, other than for Small Wireless Facilities which are
governed by part (7) herein below:
46
oi There are special conditions and circumstance affecting the proposed site
which prevent compliance with the subsections for which a waiver iLbeing
Cii) The proposed waiver, if granted, results in a superior site plan; an .
aW The proposed waiver, if granted, will not be incQWatible with th� �dace�nt
properties; and
Civ) The proposed waiver, if granted, is ADA conip—liant,=and
Uv The proposed waiver, if granted �com�lies with FCC regulations; and
(vi) The proposed waiver, if granted, preserves to the Village optimum flexibility
in its management of its Public Rights -o
kjW TheAnplicant for the waiver demonstrates that the item for which the waiver
is being sought would unreasonably discriminate for or against any Provider.
M Small Wireless Facilities may be granted a waiver from Applicable Code
requirements, as well as location, color, stealth, and concealment requirements set
forth in this Section, to the extent that the applicant demonstrates that such
requirements are not reasonably compatible for the particular location of the
subject Small Wireless Facility, or to the extent that the applicant demonstrates
that such requirements impose excessive expense. The applicant's burden and the
Village Engineer's authority, is the same as set forth in part (6) herein above.
Small Wireless Facility waivers shall be granted or denied by
EngineQr within 45 days after the date of the request.
Os Limitations.
Nothing-�ntained in this Article shall be construed to authorize a Person to Co -
locate or attach Wireless Facilities, including any Antenna or other Fac
privately -owned Utility Pol% a Utility Pole Qw d b an electric cool2erative or a
Village electric Utility, a privately -owned Wireless SLipport Struct—ure,, or other
private propefty without the consent of the property owner.
The approval for the Placing or Maintenance of a Facilijy pursuant to this Article
does not authorize the provision of any voice, data, or video communications
services.
LU Exceptions. The requirements of this Article shall not apply as follows:
47
W Nothing-snntained in this Article shall be construed to authorize a Person to Co -
locate or attach Wireless Facilities, including my Antenna, Micro Wireless
FacililL or Small Wireless Facilijy, on a privately owned Utilijy Pole, a Utilijy
Pole owned by an electric cooperative or a Village electric UtiliM jj2EjXgj&
owned Wireless Support Structure, or other private propeM without the consent
of the property owner.
(Z The appmval of the installation, placement. maintenance or -operation of a Small
Wireless Facility pprsuant to this Article does not authorize the provision-oLany
voice, data, or video communications services, or the installation, placement
maintenance or operation of any Communications Facilities other than Small
Wireless Facilities in the Village's Public right -of way.
(D Nothing contained in this Article shall be construed to authorize my Person to
Co -locate or attach Small Wireless Facilities or Micro Wireless Facilities.Lexce t
for Micro Wireless Facilities on existing and l2ermitted aerial commlLnications
facilities) on a Utility Pole, unless otherwise permitted by federal law or to erect
a Wireless Support Structure- in a right-of-way located within a retirement
communi1y that:
01 Is deed restricted as housing for older persons as defined in Sec. 760.29(4)(b),
Florida Statutes, as same may be amended from time to ti
�m�and
0ii Has more than 5,000 residents; and
aW Has-umderground utilities for electric transmission or distLibution.
(4) Nothing--gontained in this Article shall be construed to authorize -any Person to
Co -locate or attach Small Wireless Facilities or Micro Wireless Facilitie=s=Lexcept
for Micro Wireless Facilities on existing a d permitted aerial communications
facilities) on an Authorijy Utilijy Pole, or to erect a Wireless Support Structure —in
any location subLect to covenants, conditions, restrictions, articles of
incorporation, and by-laws of a homeowners' association.
Sec. 63-36. Florida Advanced Wireless Infrastructure Deployment Act.
The Co -location of Small Wireless Facilities and Micro Wireless Facilities are suhLect to
the requirements of the Florida Advanced Wireless hifrastructure Deployment Act as set forth at
48
Sec. 337.401(7), Flor Statutes, as same may be amended from time to time. To the extent
that the provisions of this Article conflict with the provisions of the Florida Advanced Wireless
Infrastructure Deployment Act as set forth at Sec. 337.401(7), Florida Statutes, as same may be
amended from time to time, the provisions of the Florida Advanced Wireless Infrastructure
Deployment Act as set forth at See. 3 3 7.401(7), Florida Statutes, as same -may be amended from
time to time shall prevail.
DIVISION 4. Administration and Enforcement.
Sec. 63-37 33. Suspension of permits.
Subject to appeal as provided in this Article seetion 63 34 belaw, the Village may
suspend or revoke a permit, with no refund of fees -paid thereunder, if any. for Placement or
Maintenance work in the blic Rights-of-way for one or more of the following
reasons:
(a) Violation of Permit conditions, including conditions set forth in this Article or other
applicable Village codes or regulations governing use of the blic RightLs-of-
way; or
(b) Misrepresentation or fraud by the registrant in a Registration or permit application
submitted to the Village; or
(c) Violation of provisions in this Article requiring payment of Registration or Permit fees, if
applicable, to the Village; or
(d) Failure to relocate or remove Communications Facilities, Wireless Communications
Facilities or utilities as may be lawfully required by the Village in connection with the
subject permit.
If the Village determines that the pennittee has committed a substantial breach of a tenn
,or condition of the Permit, the Village shall make a written demand upon the permittee to
remedy such violation(s) within a reasonable time given circumstances, but in no event within
less than thiLty (30) days. The demand shall state that the continued violation(s) may be cause for
revocation of the permit. Further, a substantial breach as stated above will allow the Village, at
its discretion, to place additional or revised conditions on the Permit.
If the Village's demand is not complied with, the Permit may be revoked. If a Permit is
revoked, the permittee shall reimburse the Village for the Village's reasonable costs, including
&J,
restoration costs and the cost of collection and reasonable attorneys' fees incurred in connection
with such revocation.
The Village may cause an immediate stop work order and may undertake abatement
activity with no liability to the Village, the cost of which shall be paid by the permittee, where
the permittee's work poses a serious threat to the health, safety or welfare of the public until such
time as such serious threat has been abated.
See. 63-38 34. Appeals.
Final, written decisions of the Village manage suspending a permit, denying an
application for a Registration or denying an application for renewal of a Registration are subject
to appeal. An appeal must be filed with the Village Manager within jhirt�30 days of the date of
the final, written decision to be appealed. Any appeal not timely filed as set forth herein shall be
waived. The Yillage eetmeil shall consider the appeal at the next fegulafly seahedi
meeting -A-A-d- sh-All eo-aside the appeal and shall consider whether the applieant meets
the requirements for a Registration or Permit based upon the provisions of this Article and the
applicable state and federal laws. The Village M
Anager's decision shall be deemed to be final
agency action and the exhaustion of all local administrative remedies. Any Person aggrieved by
any decision of the Village Manager shall be entitled pursue any remedy available to them at law
or in equity,
50
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Sec. 63-39 36. Insurance and indemnification.
(a) Indemnification. Registr
shag agree to protect, defend, reimburse, indemnify and hold the Village, its agents,
employees and elected officers and each of them free and harmless at all times from and
against any and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or
nature whether arising in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part, by reason of any act, omission or fault, of anyone
acting under registrant's direction or control, or on registrant's behalf in any matter related
to registrant's use of the Village's Public Rights-of-way or any property Registrant is
entitled or authorized to use as a result of the Registration.,=Permit or other authorization.
Registrant's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event
shall they apply to liability caused by the negligence or willful misconduct of the Village,
its respective agents, servants, employees or officers, ner- shall the liabilit�, limits set fet-4—h.
in F.S. § 768.28, be waived. Nothing contained in this section shall be construed or
interpreted: (1) as denying to either paq-y my remedy or defense available to such pgm
under the laws of the State of Florida; (2) as consent by the Village to be sued-, or (3) as a
waiver of sovereign immunity beyond the waiver -provided in F.S. § 768.28 as it may be
amended.
(b) Insurance. A Registrant shall maintain in full force and effect general liability insurance
acceptable to the Village, which specifically covers all ex osures incident to the intent
p
and responsibilities under this Article in no less than the amounts set forth below:
55
. WO -1
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Sec. 63-39 36. Insurance and indemnification.
(a) Indemnification. Registr
shag agree to protect, defend, reimburse, indemnify and hold the Village, its agents,
employees and elected officers and each of them free and harmless at all times from and
against any and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or
nature whether arising in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part, by reason of any act, omission or fault, of anyone
acting under registrant's direction or control, or on registrant's behalf in any matter related
to registrant's use of the Village's Public Rights-of-way or any property Registrant is
entitled or authorized to use as a result of the Registration.,=Permit or other authorization.
Registrant's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event
shall they apply to liability caused by the negligence or willful misconduct of the Village,
its respective agents, servants, employees or officers, ner- shall the liabilit�, limits set fet-4—h.
in F.S. § 768.28, be waived. Nothing contained in this section shall be construed or
interpreted: (1) as denying to either paq-y my remedy or defense available to such pgm
under the laws of the State of Florida; (2) as consent by the Village to be sued-, or (3) as a
waiver of sovereign immunity beyond the waiver -provided in F.S. § 768.28 as it may be
amended.
(b) Insurance. A Registrant shall maintain in full force and effect general liability insurance
acceptable to the Village, which specifically covers all ex osures incident to the intent
p
and responsibilities under this Article in no less than the amounts set forth below:
55
(1) Workers' compensation insurance within Florida statutory limits and employers'
liability insurance with minimum limits of one hundred thousand dollars
k$100,000.00) each accident.
(2) Comprehensive general liability insurance with minimum limits of three million
dollars -($3,000,0001 as the combined single limit for each occurrence of bodily
injury, personal injury and property damage. The policy shall provide blanket
liability insurance and shall include coverage for products and completed
operations liability, independent contractor's liability; coverage for property
damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage.
(3) Automobile liability insurance covering all owned, hired, and non -owned vehicles
in use by the provider, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of the
applicable State law, including residual liability insurance with minimum limits of
two million dollars ($2,000,000.001 as the combined single limit for each
occurrence for bodily injury and property damage.
(4) Named insureds. All certificates of insurance shall name the Village of Tequesta
as an additional insured.
(5) Cancellation of policies of insurance. At least 30 64 days prior written notice shall
be given to the village by the insurer of any intention not to renew such policy or
to cancel, replace or materially alter same, such notice to be given by registered
mail to the Village.
(c) Self-insurance. The insurance requirements set forth hereinabove may be satisfied by
proof of self-insurance satisfacto1y to the
(d) Failure to maintain required coverage shall be deemed a Violation of this Article Failure
to maintain all the recLuired insurance coverage shall be deemed a violation of this Article
subject to a notice of violation and a reasonable opportunity to cure. Failure to cure the
violation with in the timeframe contained in the notice shall be subject to an enforcement
hearing and potential penalties, including termination of Registrations or Permits.
Sec. 63-40. Performance Bond.
56
Oa Prior to issuing a Permit under this Article where the work under the Permit mill require
restoration of the Village's Public Rights-of-way, the Village may require a performance
bond by a sure1y duly authorized to do business in the State of Florida and_having-an
A.M. Best A -VII rating or better. The bond, if requirgd
�hall �be in the amount of 125 %
of the restoration cost estimate of the Village's Public Rights-of-way, as ceaLfied by a
professional engineer licensed in the State of Florida, to secure proper performance under
the requirements of my Permits and the restoration of the Village's Public Rights-of-
way. Twelve (12) months after the completion of the restoration of the Villag� �Pubkic
Rights-of-way in accordance with the -bond, the Registrant may eliminate the bondif
required. However, the Village Engineer may subsequently re�uire a new bond for any
subseguent work by the same Registrant in the Village's Public Rights -
performance bond, if required, shall provide that: "For twelve (jZ months after issuance
of this bond, this bond may not be canceled, or allowed to lapse, until six1y (60) days
after receil2t by the Village, by certified mail, return receipt requested, of a written notice
from the issuer of the bond of intent to cancel or not torenew."
The rights reserved by the Village with respect to any performance bond established
pursuant to this Section are in addition to all other rights and remedies the Village may
have under this Article, or at law or in equity, and no action, proceeding or exercise of a
right with respect to the performance bond will affect any other right the Villa
g_e-may
have.
Sec. 63-41. Reservatian-Qf ri t and remedies
X_k -s-
Oa The provisions of this Article shall be applicable to all Communications Facilities,
including Wireless Communications Facilities and Wireless Support Structures, and
Utilities placed in the Village's Public Rights-of-way on or after the effective date of the
ordinance from which this Article is derived or amended and shall apply to all existing
Communications Facilities, including Wireless Communications Facilities and Wireless
Support Structures, and Utilities placed in the Village's Public Rights-of-way prior to the
effective date of this Ordinance, to the full extent �permitted by federal and Siate Iaw
except that any provision of this Article regarding the size, composition, or location of
Communications Facilities, including Wireless Communications Facilities and Wireless
57
Support Structures shall not apply to Communications Facilities, including- Wireless
Communications Facilities and Wireless Support Structures lawfully Placed within aLiy
Village Public Right-of-way prior to the effective date of this Ordinance.
Thg do tio�n of this Article is not intended to affect auyxiy_hts or defenses of th
or a Communications Service ProviderCommunications Facility Provider_Wireless
Infrastructure Provider or Pass -Through Provider under my existing franchise, license or
other agreements with a Communications Service Provider, Communications —Facility
Provider, Wireless Infrastructure Provider or Pass -Through Provider.
Cc) Nothing in this Article shall affect the remedies the Village or the Registrant has
available underapp—licable law.
See. 63-42. Reports and records..
Oa A Registrant shall provide the following documents to the Village as received or filed.
LD Upon reasonable request, any pleadings, petit
�i.onsnotices and documentswhich
may directly impact the obligations under this Article and—which are reasonable
necessaU for the VillagLIQ-protect its interests under this Article.
M Any request for protection under banknWtcy laws, or any judgment related to a
declaration of ban
(W Nothing in this section shall affect the remedies a Registrant has available under
applicable law.
oc Th�g Villa �e shall keep any documentation, books and reg�Qrds of the & �strant
confidential to the extent required or permitted under Florida Public Records Law.
Sec. 63-43. Force Ma'eure.
In the event a Registrant's performance of or compliance with any of the pLovisions of
this Article is preven d by a cause or event not within the Registrant's control, such inabilAy 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 the p=oses of this Section, cause or
events not within a Registrant's control shall include.,. but not be limited to, acts of Go
earthquakes, landslides, hurricanesfires and other natural disasters, acts of public ene
58
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 perfon-n or comply, economic
hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directorsofficers-,
employees, contractorsoragenj&
Sec. 63-44. No liability or warranty.
Nothing contained in this Article shall be construed to make or hold the Villa e
g,
responsible or liable -for any damage to Persons or my property whatsoever, from any cause
whatsoever, arising from the use, operation or condition of the Registrant's Communications
Facilities, Wireless Communications Facilities or utilities; or by reason of any inspect on or re-
inspection authorized herein or failure to inspect or re -inspect. Nor shall the issuanc� �fan�
Permit or the approval or disapproval of any Placement or Maintenance of the Registrantla
Communications Facilities, Wireless Communications Facilities or utilities as authorized herein
constitute any representation, guarantee or warranty of any kind by, nor create any li
the Village or any official, agent or employee thereof.
Sec. 63-45. Pass-through provider fees and char es.
La) Pass-through providers shall pay to the Village on an annual basis an amount egual to
Five Hundred Dollars ($500.00) per linear mile or -portion thereof of Communications
Facilities or Wireless Communications Facilities Placed or Maintained in the
Public Rights-of-way. For pWoses of this Article, the Village's Public Rights-of-way
do not include Rights-of-way that extend in or through the Village but are state, county or
another authorijy's Rights-oEWgL
The amounts charged pursuant to this Article shall be based on the linear miles of Village
Public Rights-of-way where Communications Facilities or Wireless Communications
Facilities are ]21aced, not based on a summation of the lengLhs of individual cables_,
conduits, strands or fibers.
Lc _y
Any annual amount charged shall be reduced for a prorated portion of an 12 -month
period during which the Pass-through provider remits taxes imposed by the Village
pursuant to Chapter 202, F.S.
59
Cd
Annual payments shall be due and payable on March I of each year. Fees notpaid within
ten (10) days after the due date shall bear interest at the rate of one (1) percentpQrmonth
from the date due until Daid. The acceptance of any payment required hereunder by the
Village 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 VillagLmay have for additional sums due and payable. All fee payments shall
be subject to audit by the Village, and assessment or refund if any -payment is found to be
in error. If such audit results in an assessment by and an additional pgYment to the
Village, such additional payment shall be subject to interest at the rate of one ftlpercent
per month until the date payment is made.
Le) If the 12gyments required by this Article are not made within ninety (90) days after the due
date, the Village may withhold the issuance of any Permits to the Pass-throUgh rovider
until the amount past due is paid in full.
See. 63-46 37. Penalties for violation.
Any violation of any of the provisions of this Article Ofdifiafiee may be enforced as
provided for in Chapter 162, Florida Statutes F.S. rh. 162. Each day or fraction thereof the
violation continues shall be considered as a separate offense. In addition, the Village can pursue
any and/or all other lawful actions, including filing a complaint with Florida Public Service
Commission or Federal Communications Commission advising of violations of Village
ordinances, filing an injunction in circuit court to enforce the terms of the Article, Registration or
permit, or to enjoin the use of the Village's Public Rights-of-way, pursuing action before the
code enforcement special magistrate to impose daily fines, denying permits or development
orders for other projects or use of the Village's Public Rights-of-way by the pr-evider-'
and/or by any other means allowed by law. These remedies shall be cumulative.
Secs. 63-47 38 3-50. Reserved.
Section 2: Each and every other Section and Subsection of Chapter 63. Right -of -Way
Regulations. shall remain in full force and effect as previously adopted.
M
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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