HomeMy WebLinkAboutDocumentation_Regular_Tab 15_5/9/2019Keith W. Davis, Esq.
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Email: keith@davisashtonlaw.com
April 11, 2019
MEMORANDUM
To:Mayor Brennan; Council Members Arena,Brandon,Johnsonand Stone
Cc:ActingManagerWeinand,Clerk McWilliams
Fr:Attorney Davis
Re:OrdinancerevisingVillage 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 VillageCode regarding the use of Village rights-of-way by communications
serviceproviders.
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. Floridalaw, along with recently issued FCC Ordersalso
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 provisionof 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
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Thedraft 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.
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ORDINANCE NO.11-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 63. ARTICLE II. RIGHT-OF-WAY
REGULATIONS, TO RE-NAME THIS ARTICLE AS “PLACEMENT AND
MAINTENANCE OF UTILITY ANDCOMMUNICATION SERVICE
FACILITIESIN 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 WAYAND
ACKNOWLEDGE THE “ADVANCEDWIRELESS INFRASTRUCTURE
DEPLOYMENTACT”;TOPROVIDENEWAESTHETIC
REQUIREMENTSANDPROCEDURALREQUIREMENTSFOR
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.
the Village Council of the Village of Tequesta desires to amend the Village
WHEREAS,
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 wayand 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
1
by a proliferation of above ground telecommunications facilities and utilitiesin 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 ordinanceas 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 II, to provide new requirements for placement
and maintenanceof certain Utilityfacilities in rights-of-way; providing that Chapter 63 Article II
shall hereafter read as follows:
ARTICLEII.PLACEMENTANDMAINTENANCEOFUTILITYAND
COMMUNICATION SERVICEFACILITIESINVILLAGERIGHTS-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.
Sec. 63-31. Transferof registration.
Sec. 63-32. Existing communications facilities, wireless communications facilitiesand
utilities in the rights-of-way.
Sec. 63-33. Involuntary termination of registration.
Division 3. Permitting.
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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.FloridaAdvancedWirelessInfrastructureDeploymentAct.
Division 4. Administration and Enforcement.
Sec. 63-3733. Suspension of permits.
Sec. 63-3834. Appeals.
Sec. 63-35.Construction in the rights-of-way.
Sec. 63-3936. Insurance and indemnification.
Sec. 63-40. Performance Bond.
Sec.63-41.Reservationofrightsandremedies.
Sec. 63-42. Reports and records.
Sec. 63-43. Force Majeure.
Sec.63-44.Noliabilityorwarranty.
Sec.63-45.Pass-throughproviderfeesandcharges.
Sec. 63-4637. Penalties for violation.
Secs. 63-4738—63-50. Reserved.
DIVISION 1. In General.
Sec. 63-25. Title.
This Article shall be knownasthe“Placement and Maintenance of Utility and
Communication Service Facilities in Village Rights-of-way”ordinance.
Sec.63-26.Purpose.
ThepurposeofthisArticleis:
(a)ToestablishacompetitivelyneutralpolicyfortheuseoftheVillage’sPublicRights-of-
wayby all Communications Services Providers, including Wireless ServiceProviders, as
well as Communications Facilities Providers, Wireless Infrastructure Providers, and Pass-
Through Providers,forthePlacement and Maintenance of Communications Facilities,
including Wireless Communications Facilities, and the provision of Communications
Services, including Wireless Communications Services and other Utilities, including but
3
not limited to, those defined in Section 337.401, Florida Statutes, as same may be
amended from time to timeprovisionofcommunicationsservicesbycommunications
servicesprovidersandotherutilities;and
(b)ToregulatethePlacement and Maintenance of Communications Facilities, including
Wireless Communications FacilitiesplacementofcommunicationsfacilitiesandUtilities
intheVillage’sPublicRights-of-waypursuanttoitsgovernmentalpowersassetforthat
Chapter 166, Florida Statutes, as same may be amended from time to time, including the
encouraging of Co-location and Re-purposing existing Facilities and StructuresF.S.ch.
166;and
(c)ToprescribereasonablerulesforsuchusespursuanttoSection 337.401, Florida Statutes,
the Federal Communications Act of 1934, including without limitation Sections 332 and
253, Section 6409(a) of 47 USC § 1455(a) and Orders issued by the FCC, as each may
be amended from time to time, and other federal and State lawF.S.§§337.401and
364.0361,soastominimizedisruptionofservicesintheVillage’sPublicRights-of-way,
regulatetheuseoftheVillage’sPublicRights-of-waybyall Communications Services
Providers, including Wireless ServiceProviders, as well as Communications Facilities
Providers, Wireless Infrastructure Providers, and Pass-Through Providers,and to regulate
the Placement and Maintenance of Communications Facilities, including Wireless
Communications Facilities, in the Village’s Public Rights-of-waycommunications
servicesprovidersandotherutilities,andtoregulatetheconstruction,installation,
maintenance,repair,removalandreplacementoffacilitiesinthepublicright-of-way.
(d)ThePlacementandMaintenanceofWirelessCommunicationsFacilitiesonprivate
propertyorpropertyowned,leasedorcontrolledbytheVillage,otherthantheVillage’s
PublicRights-of-way,isgovernedbyChapter78,Art.IX,Division5oftheVillage’s
zoningcode.
Sec.63-27.Definitions.
Thefollowingwords,termsandphrases,whenusedinthisArticle,shallhavethe
meaningsascribedtotheminthissection,exceptwherethecontextclearlyindicatesa
differentmeaning:
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Abandonmentor Abandoned means 180or more consecutive days with the
absence of any active Communications Service Providers,including Wireless Service
Providers,on a Communications Facility, including a Wireless Communications Facility.
Abandoned Communications Facilities shall be removed or cured as required by this
Article. This term shall not include cessation of all use of a Communications Facility
within a physical structure where the physical structure continues to be used for some
purpose or use accessory to the Communications Facility. For example, cessation of all
use of a cable within a conduit, where the conduit continues to be used as referenced
above, shall not be "Abandonment" of a Communications Facility. Notwithstanding the
foregoing example, if the Communications Facility is attached to an Existing Structure
that has an independent function, such as a UtilityPole or the like, said Abandonment of
the Communications Facility requires removal of the Communications Facility only 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 thefuture. 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 "Abandonment" of
a Communications Facility. The temporary cessation with intent to re-activate must be
documented to the satisfaction of the Village.
ADAmeans the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq., as
same may be amended from time to time and regulations promulgated thereunder.
Antennameans communications equipment that transmits or receives
electromagnetic radio frequency signals used in providing Wireless Service.
Applicable Codesmeans 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 property or
injury to persons, or local codes or ordinances adopted to implement 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 term includes
objective design standards that may require a new Utility Pole that replaces an existing
Utility Pole to be of substantially similar design, material, and color of that may require
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reasonable spacing requirements concerning the location of ground-mounted equipment.
The term includes objective design standards adopted by ordinance that may require a
Small Wireless Facility to meet reasonable location context, color, stealth, and
concealment requirements; 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 shall be granted or denied within 45 days after the date of the
request.
ArterialRoadmeansaroadwayrouteprovidingservicewhichisrelatively
continuousandofrelativelyhightrafficvolume,longaveragetriplength,highoperating
speed,andhighmobilityimportance,andconstitutesthelargestproportionoftotaltravel.
Inaddition,everyUnitedStatesnumberedhighwayisanArterialRoadway.
AuthorityUtilityPolemeansaUtilityPoleownedbytheVillageandlocatedin
theVillage’sPublicRight-ofway. ThetermdoesnotincludeaVillageownedUtility
Polein a right-of-way located within a retirement community that:
(a)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
(b)Has more than 5,000 residents; and
(c)Has underground utilities for electric transmission or distribution.
CollectorRoadmeansarouteprovidingservicethatisofrelativelymoderate
averagetrafficvolume,moderatelyaveragetriplength,andmoderatelyaverageoperating
speed. Sucharoutealsocollectsanddistributestrafficbetweenlocalroadsorarterial
roadsandservesasalinkagebetweenlandaccessandmobilityneeds.
Co-locationorCo-locatemeans to install, mount, maintain, modify, operate, or
replace one or more Communications Facilities on, under, within or adjacent to a pole or
other vertical above grade support structureor UtilityPole. The term does not include
the installation of a new UtilityPole, other pole, Wireless Support Structure or other
above grade support structure in the Village’s Public Rights-of-way. The term Co-
locationalso includes the ground or platform installation of equipment enclosures,
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cabinets, or buildings, and cables, brackets, and any other equipment associated with the
location and operation of the Co-located Communications Facility.
Communications Facility or Facilities 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 Support
Structures. The term also includes ancillary equipment 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
Facility. For purposes of this Article, thetermCommunicationsFacilityshallnotinclude
UtilityPoles,andshallnotincludeaerialfacilitieslocatedbetweenUtilityPoleswith
associatedpoleattachmentswhichdonotprovideCommunicationsservicesisafacility
thatmaybeusedtoprovidecommunicationsservicesasdefinedinF.S.§337.401(6)(a)2,
asmaybeamended.
CommunicationsFacilityPolemeansapole-likestructureeitherdesigned
primarilyasaCommunicationsFacilityorusedasaCommunicationsFacility. A Utility
Pole is not transformed into a Communications Facility Pole by the Collocation or
Attachment of a Wireless Communications Facility (See “Utility Pole” definition below).
CommunicationsFacilityProvidermeansaPerson(otherthanaCommunications
ServicesProvideroperatingoneormoreCommunicationsFacilitieslocatedwithinthe
Village)whoisengaged,directlyorindirectly,inthebusinessofleasing,licensing,
subleasing,sublettingorhiringtooneormoreCommunicationsServiceProvidersallora
portionofthetangiblepersonalpropertyusedinaCommunicationsFacility. Theterm
includesWirelessInfrastructureProviders.APass-ThroughProvidermaybea
CommunicationsFacilityProvider.
Communicationsservicesmeansshallmeanthetransmissionofdataorother
informationbetweenoramongpointsspecifiedbyorthroughanyelectronicorother
mediumasdefinedinF.S.§202.11(2),asmaybeamended,conveyanceorroutingof
voice,data,audio,video,oranyotherinformationorsignals,includingVideoServices,
toapoint,orbetweenoramongpoints,byorthroughanyelectronic,radio,satellite,
cable,optical,microwave,orothermediumormethodnowinexistenceorhereafter
devised,regardlessoftheprotocolusedforsuchtransmissionorconveyancesin
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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, code, or protocol of the content for purposes of transmission,
conveyance, or routing without regard to whether such service isreferred to as voice-
over-Internet-protocol services or is classified by the Federal Communications
Commission as enhanced or value-added. The term does not include:
(a)Information services.
(b)Installation or maintenance of wiring or equipment on a customer’s
premises.
(c)The sale or rental of tangible personal property.
(d)The sale of advertising, including, but not limited to, directory advertising.
(e)Bad check charges.
(f)Late payment charges.
(g)Billing and collection services.
(h)Internet access service, electronic mail service, electronic bulletin board
service, or similar online computer services.
CommunicationsServicesProviderorprovidermeansshallmeananyPersonor
entitythatprovidescommunicationsservicesincluding a municipality or county,
providing Communications Services through the Placement or Maintenance of a
Communications Facility in Village Public Rights-of-way.
CommunicationsServicesTaxmeansthelocalcommunicationsservicestax
authorizedtobeleviedandcollectedbycountiesandmunicipalitiesuponchargersfor
CommunicationsServices,pursuanttoSection202.20, Florida Statutes, assamemaybe
amendedfromtimetotime.
Distributedantennasystem,orDAS,isanetworkofspatiallyseparatedantenna
nodesconnectedtoacommonsourceviaatransportmediumthatprovideswireless
servicewithinageographicareaorstructure.A DAS is a Communications Facility.
Eligible Facilities Requestmeans a request to place a Wireless Communications
Facility in the Village’s Public Rights-of-way that, in accordance with the definitions
8
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 requesting:
(a)Collocation of new transmission equipment;
(b)Removal of existing transmission equipment; or
(c)Replacement of existing transmission equipment.
Existing Structuremeans a structure within the Village’s Public Right-of-way that
exists at the time an application for a permit to place a Communications Facility on the
preexisting structure is filed with the Village. The term includes any structure that:
(a)Can structurally support the attachment of a Communications Facility; or
(b)Can be modified or repurposed to support the attachment of a
Communications Facility; or
(c)Can be removed and replaced with a structure of similar design and
purpose as the original existing structure that supports the attachment of a
Communications Facility; or
(d)Other facilities in compliance with applicable codes and laws.
FacilityorFacilitiesmeansanytangiblethinglocatedinanyVillagePublic
Right-of-wayusedtodeliverCommunicationsServices.
FCCmeansshallmeantheFederalCommunicationsCommission.
Florida licensed professional engineermeans an engineer licensed by the state of
Florida who is qualified to provide the information required by this ordinance, or, in the
alternative, a full-timeemployee of an entity regulated by the FCC or the Florida Public
Service Commission who is otherwise qualified to provide the information required by
this ordinance.
Information servicemeans the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, using, or making available information via
communications services, including, but not limited to, electronic publishing, web-
hosting service, andend-user 900 number service. The term does not include Video
Service.
LocalRoadmeansarouteprovidingservicethatisofrelativelylowaverage
trafficvolume,shortaveragetriplengthorminimalthrough-trafficmovements,andhigh
landaccessforabuttingproperty.
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MicroWirelessFacilitymeansaSmallWirelessFacilitythatprovideswireless
servicethatisnotlargerindimensionthan24inchesinlength,15inchesinwidth,12
inchesinheight,thathasanexteriorantenna,ifany,nolongerthan11inches.
Ordermeans:
(a)The following Orders and Rules of the FCC issued in FCC Docket No. 94-
102:
(i)Order adopted 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;
(ii)Memorandum and Order No. 97-402, adopted December 23, 1997;
(iii)Order No. FCC DA 98-2323, adopted November 13, 1998;
(iv)Order No. FCC 98-345, adopted December 31, 1998;
(v)Order No. FCC 14-153adopted October 17, 2014.
(b)Orders and Rules subsequently adopted by the FCC relating to the
provision of 911services, including but not limited to, Order No. FCC 05-
116, adopted May 19, 2005.
(c)Order No. FCC 18-133 adopted September 26, 2018.
Pass-throughprovidermeansanypersonwho,uponregisteringwiththeVillage,
PlacesorMaintainsaCommunicationsFacilityintheVillage’sPublicRights-of-wayand
thatdoesnotremitcommunicationsservicetaxesasimposedbytheVillagepursuantto
Chapter202,FloridaStatutes,assamemaybeamendedfromtimetotime.
Permitmeans 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. 337.401(7),
Florida Statutes, as same may be amended 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-way.
Personmeansany natural person or corporate, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship, a
political subdivision, a public or private agency of any kind, a Utility, a successor or
10
assign of any of the foregoing, or any other legal entity includesindividuals,children,
firms,associations,jointventures,partnerships,estates,trusts,businesstrusts,syndicates,
fiduciaries,corporations,andallothergroupsorcombinations.
PlaceorMaintainorPlacementorMaintenanceorPlacingorMaintainingmeans
to erect, construct, install, extend, expand, remove, occupy, locate, relocate, repair,
upkeep or significantly alter the configuration of a Communications Facility. A Person
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 Facility is not “Placing or Maintaining” the
Communications Facility through which suchservice is provided. The transmission and
receipt of radio frequency signals through the airspace of the Village’s Public Rights-of-
way does not constitute “Placing or Maintaining” a Communication Facility in the
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.
PublicRights-of-wayorRights-of-waymeansshallmeanaPublicRight-of-way,
publicUtilityeasement,highway,streetoralleyownedbytheVillage,dedicatedtothe
Villageortothepublic,orforwhichtheVillageholdsapropertyinterestandexercises
rightsofmanagementorcontrol.Thistermshallincludethesurface,theairspaceover
thesurfaceandtheareabelowthesurfaceofallpublicroads,streets,highways,alleys,
boulevards,bridges,tunnels,publicUtilityeasements,andallpublicgrounds. Thisterm
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-of-way.
RegistrantmeansshallmeanaPersoncompanythathasRegisteredwiththe
VillageinaccordancewiththeprovisionsofthisArticle.
RegistrationandRegistershallmeanstheprocessdescribedinsection 63-28
hereinbelowwherebyaCommunications Services Provider, Wireless Services Provider,
Communications Facility Provider, Wireless Infrastructure Provider,or Pass-Through
ProvidercommunicationsservicesproviderprovidescertaininformationtotheVillage.
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Repurposed Structuremeans an Existing Structure that has been renovated,
reconfigured, or replaced with a similar structure so as to continue serving its primary
existing purpose while also supporting the attachment of Communications Facilities,
Wireless Communications Facilities or Wireless Infrastructure through Stealth Design 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 withApplicable Codes. Unless stated otherwise, all
requirements imposed on Communications Facilities, Wireless Communications
Facilities or Wireless Infrastructure shallalso apply to Repurposed Structures. To
“Repurpose andExisting Structure” shall mean the act of renovating, reconfiguring or
replacing an Existing Structure as described above. The Communications Service
Provider,Wireless Services Provider,Communications Facility ProviderWireless
Infrastructure Provideror Pass-Through Provider attaching its Communications Facilities
to the Repurposed Structure shall be responsible for Registration and Permitting
requirements of this Article for suchCommunications Facility, Wireless Communications
Faculty or Infrastructureonly, not for the Repurposed Structure itself. A provider who
removes all Communications Facilities from a Repurposed Structure that has a primary
use other than to support Communication Facilities, e.g. light pole, may be required
replace the Repurposed Structure with a facility like that which existed prior to any
repurposing at the discretion of the Village.
Small Wireless Facility means a Wireless Communications Facility that meets the
following qualifications:
(a)Each antenna associated with the facility is located inside an enclosure of
no more than 6 cubic feet in volume or, in the case of antennas that have
exposedelements, each antenna and all of its exposed 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 cumulatively
no more than 28 cubic feet in volume. The following types of associated
ancillaryequipment are not included in the calculation of equipment
volume: electric meters, concealment elements, telecommunications
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demarcation boxes, ground-based enclosures, grounding equipment,
power transfer switches, cutoff switches, vertical cable runs for the
connection of power and other services, and UtilityPoles or other support
structures.
Stealth Designmeans a method of camouflaging any Communications Facility,
Wireless Communications Facility, etc., including, but not limited to, supporting
electrical or mechanical equipment, which is designed to enhance compatibility with
adjacent land uses and be as visually unobtrusive as possible. Stealth Design may
include, but is not limited to, use of vegetation, a Repurposed Structure, or a Wrap.
Utilityorutilitiesmeansshallrefertoanyelectrictransmission,telephone,
telegraph,orothercommunicationsserviceslinesorWirelessCommunicationsFacilities,
polelines,poles;railways,ditches,sewers,water,heatorgasmains,pipelines,fences,
gasolinetanksandpumps,oranyotherstructures,pipes,linesorfacilitiesthatproviders
placeintheVillage’sPublicRights-of-wayandwhicharereferred to in the Village’s
Code or state law as “utilities.”asdefinedinF.S.§337.401(1),asmaybeamended.
UtilityPolemeans a pole or similar structure that is used in whole or in part to
provide Communications Services or for a similar function. The term includes the
vertical support structure for traffic lights but does not include a horizontal structure to
which signal lights or other traffic control devices are attached and does not include a
pole or similar structure 15 feet in height or less unless the Village grants a waiver for
such pole. A UtilityPole is not transformed into a Communications Facility pole by the
Collocation or Attachment of a Wireless Communications Facility.
Video servicemeans the transmission of video, audio, or other programming
service to a purchaser, and the purchaser interaction, if any, required for the selection or
use of a programming service, regardless of whether the programming is transmitted over
facilities owned or operated by the video service provider or over facilities owned or
operated by another dealer of communications services. The term includes point-to-point
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,
premium,pay-per-view, digital video, two-way cable, and music services.
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VillagemeansshallmeanVillageofTequesta,Florida.
VillageEngineermeansaProfessionalEngineer,licensedtopracticeintheState
ofFlorida,employedbytheVillageanddesignatedbytheVillageastheVillage
EngineerandisherebyvestedwiththeauthoritytoadministerthisArticle. Theterm
VillageEngineershallalsoincludehisorherdesignee.
VillageManagermeanstheadministrativeheadoftheVillage,asprovidedinthe
VillageCharter. ThetermVillageManageralsoincludeshisorherdesignee.
Wireless Communications Facilitymeans equipment at a fixed location which
enables wireless communications between user equipment and a communications
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 equipment
is included in the calculation of equipment volume. The term does not include:
(a)The structure or improvements on, under, within or adjacent to the
structure on which the equipment is co-located; or
(b)Wireline backhaul facilities; or
(c)Coaxial or fiber-optic cable that is between Wireless Support Structures
or UtilityPoles or that is otherwise not immediately adjacent to or directly
associated with a particular Antenna.
Distributed Antenna Systems are a type of Wireless Communications Facility.
Wireless Infrastructure Providermeans 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 Servicesmeans any services provided using licensed or unlicensed
spectrum, whether at a fixed location or mobile, using wireless facilities. Thetermdoes
notincludedispatchserviceinamorelocalized,non-cellularconfiguration,dataonly
service,one-wayorstored-voiceservicesonaninterconnectedbasis;air-to-ground
services;orpubliccoaststations.
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WirelessServicesProvidermeansaPersonwhoprovideswirelessservices.A
WirelessServiceProviderisatypeofCommunicationsServicesProvider.
Wireless Support Structuremeans a freestanding structure, such as a monopole, a
guyed or self-supporting tower, or another existing or proposed structure designed to
support or capable of supporting wireless facilities. The term does not include, however,
UtilityPoles.
Wrapmeans an aesthetic covering depicting scenic imagery such as vegetation,
which blends with the surrounding area. Imagery in a wrap may not contain any
advertising.
Division2.Registration.
Sec.63-28.RegistrationforPlacingorMaintainingCommunicationsFacilities,etc.,or
Utilities,intheVillage’sPublicRights-of-way.
(a)ACommunications Services Provider, Wireless Services Provider, Communications
Facility Provider, Wireless Infrastructure Provider,Pass-Through ProviderorUtility
providerthatdesires toerect,construct,install,maintain,place,repair,extend,expand,
remove,locateorrelocatePlace or Maintain a permanent or temporary Communications
Facility,WirelessCommunicationsFacilityorUtilityin, on, under, over or across the
Village’s Public Rights-of-way inthevillageshall first Register with the Village in
accordance with this Article.
(b)Subjecttothetermsandconditionscontainedinthisarticle,aRegistrantmayPlaceor
Maintainerect,construct,install,place,repair,maintain,expand,remove,locateor
relocateapermanentortemporaryCommunicationsFacility,WirelessCommunications
FacilityorUtilityin,on,over,under,oracrosstheVillage’sPublicRights-of-way.
Sec.63-29.Natureofregistration.
Aregistrationshallnotconveytitle,equitableorlegal,intheVillage’sPublicRights-of-
way.RegistrationunderthisArticlegovernstheoccupationoftheVillage’sPublicRights-of-
wayonly.RegistrationdoesnotexcuseaCommunications Services Provider, Wireless Services
Provider, Communications Facility Provider, Wireless Infrastructure Provider,Pass-Through
ProviderorUtilityproviderfromobtainingappropriateaccessorpoleattachmentagreements
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beforelocatingitsfacilitiesin,on, over, under, or across the Village’s Public Rights-of-way, or
on the Village'soranotherPerson'sfacilities.Registrationdoesnotexcuseanyproviderfrom
complyingwithallapplicableVillageCodesordinances,includingthisArticle.
Sec.63-30.Registration;effectivenessofregistration.
(a)Registration.AnyCommunications Services Provider, Wireless Services Provider,
Communications Facility Provider, Wireless Infrastructure Provider,Pass-Through
Provideror other UtilityProviderdesiringtousetheVillage’sPublicRights-of-wayshall
firstRegisterwiththeVillage. Registrationfilearegistrationformwiththevillagewhich
shallincludethefollowinginformation:
(1)Nameoftheapplicant;and
(2)Name,addressandtelephonenumberoftheapplicant'sprimarycontactpersonin
connectionwiththeregistration;and
(3)EvidenceoftheinsurancecoveragerequiredunderthisArticleand
acknowledgmentoftheindemnityandotherprovisionsofthisArticle;which
acknowledgmentshallnotbeconsideredanagreementtotheprovisions;and
(4)If the applicant is a corporation or a limited liability company, a certificate of
authorization to conduct business in Florida as issued by the Department ofState;
and
(5)Thenumberoftheapplicant'scertificateorcertificatesofauthorization,ifany,to
providecommunicationsservicesoranyothertypeofservicesissuedbythe
FloridaPublicServicesCommission,theFederalCommunicationsCommission
theDepartmentofState,orotherapplicablegoverningboardsorcommissions. A
Registrant proposing to Place or Maintain a Wireless Communications Facility
operating on a spectrum licensed by the FCC shall supply the file number of the
FCC license authorizing such wireless service.
(b)ReviewbyVillage.TheVillagewillreviewtheinformationsubmittedbytheRegistrant
applicant.IftheRegistrantapplicantsubmitsallinformationinaccordancewith
subsection63-30(a)above,theRegistrationshallbeeffectiveandtheVillageshallnotify
theRegistrantapplicantoftheeffectivenessoftheRegistrationinwriting.IftheVillage
determinesthattheinformationhasnotbeensubmittedinaccordancewiththeabove-
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referencedsubsection,theVillageshallnotifytheRegistrantapplicantinwritingofthe
non-effectivenessoftheRegistration.TheVillageshallsoreplytotheRegistrantan
applicantwithin30daysafterreceiptoftheRegistrationinformationfromtheRegistrant
applicant.TheRegistrantshallhaveone(1)thirty(30)dayperiodafterreceiptofsuch
noticewithinwhichtocurethedeficiencyviare-submittal. There-submittalshallbe
reviewedbytheVillagewhichshallnotifytheRegistrantof the effectiveness of
Registration in writing. If the Village determines again that the information has not been
submitted in accordance with Village Code Section63-30(a) herein, the Village shall
notify the Registrantof the final non-effectiveness of the Registration. The Village shall
so reply to aRegistrantwithin thirty (30) days after receipt of the re-submittal. A
Registranthas thirty (30) days after receipt of a final notice of non-effectiveness of
Registration to appeal the decision as provided in Village Code Section 63-37. Final non-
effectiveness of Registration shall not preclude aRegistrantfrom filing subsequent
applications for Registration under the provisions of this Article.
(c)CancellationofRegistration.ARegistrantmaycancelaRegistrationuponwrittennotice
totheVillagethatitwillnolongerPlace,MaintainorownanyCommunicationsFacility,
WirelessCommunicationsFacilityorUtilityintheVillage’sPublicRights-of-wayofthe
villageandwillnolongerneedtoobtainpullpermitstoperformworkintheVillage’s
PublicRights-of-way.ARegistrantcannotcancelaRegistrationiftheRegistrant
continuestoPlace,MaintainorownanyCommunicationsFacility,Wireless
CommunicationsFacilityorUtilityintheVillage’sPublicRights-of-way.
(d)NopriorityinRegistration.Registrationdoesnotestablishanypriorityfortheuseofthe
Village’sPublicRights-of-way;howeveraneffectiveRegistrationisrequiredpriortothe
issuanceofapermittoworkintheVillage’sPublicRights-of-way.Thefactthata
Communications Services Provider, Wireless Services Provider, Communications
Facility Provider, Wireless Infrastructure Provider,Pass-Through ProviderorUtility
providerisregisteredshallnotestablishanyrightorpriorityfortheuseoftheVillage’s
PublicRights-of-way.
(e)RenewalandUpdateofRegistration.ARegistrantshallrenewitsRegistrationwiththe
VillagebyOctober1ofeachevennumberedyearinaccordancewiththeRegistration
requirementsinthisArticle.Additionally,within30daysofanychangeinthe
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informationrequiredtobesubmittedpursuanttosubsection63-30(a)above,aRegistrant
shallprovideupdatedinformationtotheVillage.Ifnoinformationinthethen-existing
Registrationhaschanged,therenewalmaystatethatnoinformationhaschanged.
Registrationsareexpresslysubjecttoanyfutureamendmenttoorreplacementofthis
ArticleandfurthersubjecttoanyadditionalVillageordinances,aswellasanystateor
federallawsthatmaybeenactedduringthetermoftheRegistration.IfaRegistrantfails
torenewitsRegistration,thesoleconsequenceshallbethattheVillagemayrestrictthe
Registrantproviderfromobtainingpermitsundersubsection(f)belowuntilthe
RegistrantcommunicationsservicesorUtilityproviderhascompliedwiththe
RegistrationrequirementsofthisArticle.
(f)Permits.Unless otherwise exempt from permitting elsewhere in this Articleor by
applicable law,aPermitisherebyrequiredofaCommunications Services Provider,
Wireless Services Provider, Communications Facility Provider, Wireless Infrastructure
Provider,Pass-Through ProviderorUtilityproviderthatdesirestoPlaceorMaintain
erect,construct,install,maintain,place,repair,extend,expand,remove,locateorrelocate
apermanentortemporaryCommunicationsFacility,WirelessFacilityorUtilityinany
VillagePublicRight-of-way.AneffectiveRegistrationshallbeaconditionofobtaininga
Permit.AneffectiveRegistrationdoesnotmeanthatapplicablepermittingrequirements
shallnotapplyorthatsuchrequirementshavebeenorwillbedeemedtohavebeen
satisfied.Permitfees,ifany,shallbepaiduponthesubmissionofanapplicationfor
same;theamountofsuchpermitfee,ifany,shallbesetbyresolutionofthevillage
council.
Sec.63-31.Transferofregistration.
IfatheRegistranttransfersorassignsitsassets located in the Village’s Public Rights-of-
way, the buyerregistrationincidenttoasaleorothertransferoftheregistrant'sassetslocated
withinthevillage,thetransfereeorassigneeshallbeobligatedtocomplywiththetermsofthis
Article.WrittennoticeofanysuchtransferorassignmentshallbeprovidedtotheVillagewithin
forty-five (45) days of the effective date of the closingof theasoftheeffectivedateofsuch
transferorassignment.If the buyer or assignee is not a current Registrant, then the buyer or
assignee must Register and may do so in such written notice by including the information
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required under Village Code Section63-30(a) herein, including any changed evidence of
insurance coverage.Inorderforthetransferofregistrationtobeeffective,suchwrittennotice
mustincludetheidentityofthetransfereeorassignee,andnoticeofanychangestothe
informationprovidedundersubsection63-30(a),includinganychangedevidenceofinsurance
coverage.
Sec.63-32.ExistingCommunicationsFacilities,WirelessCommunicationsFacilitiesand
UtilitiesintheVillage’sPublicRights-of-way.
CommunicationsFacilities,WirelessCommunicationsFacilitiesorUtilitieswhichhave
beenconstructedorplacedintheVillage’sPublicRights-of-waypriortotheeffectivedateof
thisArticle, or any applicable amendment theretomayremainintheVillage’sPublicRights-of-
waysolongastheresponsibleprovidedtheprovidercomplieswiththeRegistrationprovisions
ofthisArticle.ProviderswithexistingCommunicationsFacilities,WirelessCommunications
FacilitiesorUtilitieshaveone hundred eighty (180)daysfromtheeffectivedateofthisArticleto
complywiththetermsofthisArticle,orbefoundinviolationthereof.
Sec.63-33-InvoluntaryterminationofRegistration.
(a)Terminationevents. TheVillageManagermayterminateaRegistrationif:
(1)Afederalorstateauthoritysuspends,denies,revokesaregistrant’scertificationor
licenserequiredtoprovideCommunicationsServices;
(2)TheRegistrant’sPlacementorMaintenanceofaCommunicationsFacility,
including Wireless Communications Facilities and Wireless Support Structuresin
theVillage’sPublicRights-of-waypresentsanextraordinarydangertothegeneral
publicorotherusersoftheVillage’sPublicRights-of-wayandtheregistrantfails
toremedythedangerpromptlyafterreceiptofwrittennotice;
(3)TheRegistrantviolatesSection843.025,FloridaStatutesassamemaybe
amendedfromtimetotime;
(4)TheRegistrantviolatesSection843.165,FloridaStatutesassamemaybe
amendedfromtimetotime;
(5)TheRegistrantAbandonsallofitsCommunicationsFacilities, including Wireless
Communications Facilities and Wireless Support StructuresintheVillage’s
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PublicRights-of-waywithoutcomplyingwiththeAbandonmentprovisionsof
thisArticle;
(6)TheRegistrantcommitssubstantiveandmaterialrepetitiveviolationsofanyof
theprovisionsofthisArticle.
(b)Noticeofintenttoterminate.Priortotermination,theRegistrantshallbenotifiedbythe
VillageManager,withawrittennoticesettingforthallmatterspertinenttotheproposed
terminationaction,includingtheapplicablesubsections(a)(1)through(a)(6)above,and
thereason(s)therefore,anddescribingtheproposedactionoftheVillagewithrespect
thereto. TheRegistrantshallhavefifteen(15)daysafterreceiptofsuchnoticetoaddress
oreliminatethereasonortopresentaplan,satisfactorytotheVillageManagerto
accomplishthesame. IftheplanisrejectedbytheVillageManager,theVillageManager
shallprovidewrittennoticewithinseven(7)daysofsuchrejection,includingafinal
determinationastoterminationoftheRegistrationandthetermsandconditionsrelative
thereto. TheVillageManager’sdecisionshallbedeemedtobefinalagencyactionand
theexhaustionofalllocaladministrativeremedies. AnyPersonaggrievedbyany
decisionoftheVillageManagerregardingterminationofaRegistrationshallbeentitled
topursueanyremedyavailableatlaworinequity.
(c)Post-TerminationAction. Intheeventoftermination,theformerRegistrantshall(1)in
accordancewiththeprovisionsofthisArticleandasmayotherwisebeprovidedunder
statelawnotifytheVillageoftheassumptionoranticipatedassumptionbyanother
RegistrantofownershipoftheRegistrant’sCommunicationsFacilities, including
Wireless Communications Facilities and Wireless Support StructuresintheVillage’s
PublicRights-of-way;or(2)providetheVillagewithanacceptableplanfordisposition
ofitsCommunicationsFacilities, including Wireless Communications Facilities and
Wireless Support StructuresintheVillage’sPublicRights-of-way. IfaRegistrantfailsto
complywiththissubsection(c),whichdeterminationofnoncomplianceissubjectto
appealasprovidedinthisArticle,theVillagemayexerciseanyremediesorrightsithas
atlaworinequity,including,butnotlimitedtorequiringtheRegistrantwithinninety
(90)daysofthetermination,orsuchlongerperiodasmaybeagreedtobytheregistrant
andVillageManager,toremovesomeoralloftheCommunicationsFacilities, including
Wireless Communications Facilities and Wireless Support StructuresfromtheVillage’s
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PublicRights-of-wayandtakesuchstepsasarenecessarytorenderreturntheVillage’s
PublicRights-of-waytotheiroriginalconditionbeforetheinitialPlacementofthe
CommunicationsFacilities, including Wireless Communications Facilities and Wireless
Support Structures.
(d)TerminatedRegistrantshallrendersafeCommunicationsFacilitiesremaininginthe
Village’sPublicRights-of-way. Inanyevent,aterminatedRegistrantshalltakesuch
stepsasarenecessarytorendersafeeveryportionoftheCommunicationsFacilities,
including Wireless Communications Facilities and Wireless Support Structuresremaining
intheVillage’sPublicRights-of-way.
(e)Whenremovalnotauthorized. IntheeventofterminationofaRegistration,thissection
doesnotauthorizetheVillagetocausetheremovaloffacilitiesusedtoprovideanother
serviceforwhichtheregistrantoranotherPersonwhoownsorexercisesphysicalcontrol
overthefacilitiesholdsavalidcertificationorlicensewiththegoverningfederalorstate
agency,ifrequired,forprovisionofsuchservice,andisregisteredwiththeVillage,if
required.
DIVISION 3. Permitting.
Sec.63-34-Permit requirements and conditions.
(a)Permit Required.A Registrant shall not commence to Place or Maintain a
Communications Facility, Wireless Communications Facility, Wireless Support
Structure, Utility, or other Facilityin a Village Public Right-of-way until all applicable
permits, if any, have been issued by the Village, except in the case of an emergency as
provided for in Village Code Section 63-34(s) herein, or as otherwise exempt from
Permitting 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 Registrant
acknowledges that as a condition of granting such Permits, the Village may impose
reasonable conditions governing the Placement or Maintenance of a Communications
Facility,Wireless Communications Facility, Wireless Support Structure, Utility, or other
Facility in the Village’s Public Rights-of-way relatedto the public, health, safety and
welfare as permitted and set forth in Section 337.401, Florida Statutesas same may be
amended from time to time; however, no such imposed conditions shall prohibit or
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otherwise adversely impact the provision of Communications Servicesor Wireless
Services. Permits shall apply only to the areas of the Village’s Public Rights-of-way
specifically identified in the permit. In determining whether to permit and reasonably
limit, or impose conditions or prohibit a Communications Facility, Wireless
Communications Facility, Wireless Support Structure, Utility, or other Facilityto be
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 imposing
reasonable Permit conditions(Permits for Wireless Infrastructure Providers to Place or
Maintain Utility Poles in the Village’s Public Rights-of-way to support the Co-location of
Small Wireless Facilities, and Permits to Co-locate Small Wireless Facilities shall be
governed by subsections (b)(14), (15) and (16) below):
(1)Sufficiency of space to accommodate present and pending applications for use of
the Village’s Public Rights-of-way. The sufficiency of space to accommodate all
of the present and pending applications to Place Communications Facilities,
Wireless Communications Facilities, Wireless Support Structures, Utilities, or
other Facilitiesand 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 structure upon which an
Antenna is located; and
(2)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 the Village
determines in the best interest of the public, 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 located; and
(3)Impact on traffic and public safety. The impact on traffic and traffic safety,
including but not limited to the safe operation of traffic control equipment,
pedestrian traffic and general public safety concerns, as well as compliance with
applicable ADA requirements; and
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(4)Impact on existing facilities. The impact upon existing Facilities in 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 structure upon which an Antenna is located; and
(5)Distance separation from edge of pavement. No new CommunicationsFacilities,
Wireless Communications Facilities, Wireless Support Structures, Utilities, or
other Facilitiesshall be Placedor Maintained in the Village’s Public Rights-of-
way in violation of the State of Florida Department of Transportation Manual of
Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways, as same may be amended from time to time. In accordance
with said manual, the Village shall have the authority to reduce any offset where
that offset cannot be reasonably obtained,and other alternatives are deemed
impractical. Additionally, the Village shall have the authority to decide
reductions in the clear zone in accordance with the above referenced manual,
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 located; and
(6)Distance separation from sidewalk. No new Communications Facilities, Wireless
Communications Facilities, Wireless Support Structures, utilities, or other
Facilitiesshall 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, 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 located; and
(7)Installation at outermost boundary of Village’s PublicRights-of-way.The
Placementofnew Communications Facilities, Wireless Communications
Facilities, Wireless Support Structures, utilities, or other Facilitiesisencouraged
tobeatorneartheoutermostboundaryoftheVillage’sPublicRight-of-way,and
atthefarthestdistancepracticablefromthecenterlinethereofandedgeof
pavement. TotheextentthatthelocationofthesidewalkwithintheVillage’s
PublicRights-of-wayprecludescompliancewithotherrequirementsofthis
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Article,thentheVillageortheRegistrantmaypropose,andtheregistrantmay
includeinthePermitapplication,are-routingofthesidewalkattheregistrant’s
ownexpense,inordertomeetotherrequirementofthisArticle.Compliance with
this subsection 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 located.
(8)Compliance with other codes. All work regulated by this Articleshall comply
with the Florida Department of Transportation UtilityAccommodation Manual, as
same may be amended from time to time. In addition, such work shall comply
with Chapter 333, Florida Statutes, as applicable, and federal regulations
pertaining to airport airspace protections.
(b)Permit Applications. Permit applications to Place or Maintain a Communications Facility,
Wireless Communications Facility, Wireless Support Structure, Utility, or other Facility
in the Village’s Public Rights-of-way shall contain the following information; however,
Permit applications for Wireless Infrastructure Providers to Place or Maintain Utility
Poles in the Village’s Public Rights-of-way to support the Co-location of Small Wireless
Facilities are governed by therequirements of subsection (14) hereinbelow, and Permit
applications for the Co-location of Small Wireless Facilities only are governed by the
requirements of subsections(15)and (16)herein below:
(1)Site plan. A site plan that 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 professional engineer. The site plan shall also
include:
(i)a description of the Facilities to be installed, where the Facilities are to be
located, and the size, dimensions and height of the proposed Facilities that
will be located in the Village’s Public Rights-of-way; and.
(ii)for new Communications Facility Poles or Wireless Support Structures, the
number of Co-locations the new poles or structures can support in terms of
capacity; and
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(iii)a statement signed and sealed by a Floridalicensed professionalengineer
attesting that the new Communications Facility Pole or Wireless 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.
(2)Description of installation or construction.
(i)A description of the manner in which the Facility will be installed and/or
modified (i.e. anticipated construction methods or techniques).
(ii)A description of Stealth Design to be utilized, seeVillage Code Section 63-
35(b).
(iii)Alternatively, a signed and sealed statement from a Florida licensed
professional engineer that Stealth Design cannot be utilized on any particular
Facility and providing documentation demonstrating to 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 necessary to achieve the needed function.
(3)Temporary sidewalk closure plan. A temporary sidewalk closure plan, if
appropriate, signed and sealed by a Florida licensed professional engineer, given
the Facility proposed, to accommodate Placement or Maintenance of the
Communications Facility, Wireless Communications Facility, WirelessSupport
Structure, Utility, or other Facility.
(4)Temporary modification of traffic (MOT) plan. A temporary traffic lane closure
and management of traffic (MOT) plan, if appropriate, signed and sealed by a
Florida licensed professional engineer, given the Facility proposed, to
accommodate installation and/or modification of the CommunicationsFacility,
Wireless Communications Facility, Wireless Support Structure, Utility, or other
Facility.
(5)Capacity of abutting Village Public Rights-of-way to accommodate the
cumulative impact of the proposed Facility and other Facilities within the
Village’s Public Rights-of-way. Information that the proposed Facility will not
materially interfere with other existing and proposed Facilities, including below
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grade, at-grade and above grade Facilities, in the Village Public Rights-of-way, if
available (such information shall be provided without certification as to
correctness, to the extent obtained from otherPersons).
(6)Restoration plan and cost of restoration 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-of-way.
(7)Timetable for construction or installation and intended areas of service. The
timetable for Placement or Maintenance of the proposed Facility or each phase of
the Placement or Maintenance thereof, and the intended areas of the Village to be
served by the Communications Facility, Wireless Communications Facility,
Wireless Support Structure, Utility, or otherFacility.
(8)Certification as to removal of Abandoned Facilities. The applicant shall certify
that any and all of its Abandoned Facilities within theVillage’s Public Rights-of-
way has or have been removed, indicating the prior location of such Abandoned
Facilities.
(9)Information regarding distance separation. Inordertoassesstheimpactsonthe
Village’sPublicRights-of-wayresourcesandthepotentialforCo-locationsoruse
ofRepurposedStructures,identificationofallCommunicationsFacilityPolesand
WirelessSupportStructuresintheVillage’sPublicRights-of-waywithinathree
hundredfifty(350)footradiusoftheproposednewCommunications Facility,
Wireless Communications Facility, 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 same may be amended from
time to time, this requirement shall not apply to applications for Permits for the
Co-location of Small Wireless Facilities.
(10)Identificationofallabove-gradestructureswithintheVillage’sPublicRights-of-
waywithinathreehundredfifty(350)footradius. Inordertoassesstheimpacts
ontheVillage’sPublicRights-of-wayresources,theimpactonpropertieswithin
thePermitarea,andthepotentialforCo-locationsoruseofExistingStructures,
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identificationofallabove-gradestructuresintheVillage’sPublicRight-of-way
withinathreehundredfifty(350)footradiusoftheproposednew
Communications Facility, Wireless Communications Facility, Wireless Support
Structure, Utility, or other Facility(suchinformationmaybeproducedwithout
certificationastocorrectnesstotheextentobtainedfromotherRegistrantswith
FacilitiesintheVillage’sPublicRights-of-way).
(11)Affidavits.
(i)AnapplicationforaPermittoinstallanewCommunications Facility,
Wireless Communications Facility, Wireless Support Structure, Utility, or
other Facility shallincludeanaffidavitfromaFlorida licensed professional
engineersettingforthallthefactsrelieduponintheapplicant’sattemptto
bothCo-locateorAttachtheproposednewCommunications Facility,
Wireless Communications Facility, Wireless Support Structure, Utility, or
other Facility onanExistingStructurewithintheVillage’sPublicRights-of-
way,aswellasonpropertyoutsidetheVillage’sPublicRights-of-waywithin
athreehundredfifty(350)footradiusoftheproposednewFacility.
(ii)AnapplicationforCo-locationshallincludeanaffidavitfromtheownerofthe
FacilityorExistingStructurebeingCo-locateduponthattheapplicanthas
beengrantedpermissiontoattachtotheFacilityorExistingStructurebeing
Co-locatedupon.
(12)Registrant agrees to indemnification. 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 63-39herein as
though such indemnification provisions are set forth verbatim in the Permit
application.
(13)Additional information as reasonably required for review of Permit application.
Such additional information as the Village finds reasonably necessary with
respect to the Placement or Maintenance of the Communications Facility,
Wireless Communications Facility, Wireless Support Structure, Utility, or other
Facility that is the subject of the permit application to review such Permit
27
application, which information may include, but is not necessarily limited to
evidence satisfactory to the Village that the proposed Facility will not pose a risk
of explosion, fire, or other danger to life or property due to its proximity to
volatile, flammable, explosive or other dangerous chemicals,and a written
statement from a qualified radio frequency engineer that the construction and
placement of the proposed Facility complies with FCC rules and regulations
governing Communications Services includingbut not limited to the emergency
alert system when applicable, emissions standards, and non-interference with
public safety communications.
(14)Permits to Place or Maintain Wireless Infrastructure only. 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 Permit application must include attestation that Small
Wireless Facilities will be Co-located on the Utility Pole or Wireless Support
Structure and will be used by a Wireless Services Provider to provide Wireless
Service within nine (9) months after the date the Permit application is approved
by the Village. All such applications shall be processed according to applicable
timeframes and Applicable Codes.
(15)Small Wireless Facility Co-location Permit application consolidation. 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, an
applicant seeking to Co-locate Small Wireless Facilities within the Village may,
at the applicant’s discretion, file a 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 separately address Co-locations for
which incomplete information has been provided, or which are denied.
(16)Permits to Co-locate Small Wireless Facilities only. Notwithstanding the
foregoing Permit application requirements contained in this subsection, pursuant
to the “Advanced Wireless Infrastructure Deployment Act” ascodified at Florida
StatutesSec. 337.401(7) and as specified in Sec. 337.401(7)(c), Permit
applications to Co-locate Small Wireless Facilities are only required to contain
28
information sufficient to demonstrate that the requested Co-location complies
with Applicable Codes in the locations specified in the application. The Village
may deny an application to Co-locate Small Wireless Facilities only if the
proposed Co-location:
(i)Materially interferes with the safe operation of traffic control equipment.
(ii)Materially interferes with sight lines or clear zones for transportation,
pedestrians, or public safety purposes.
(iii)Materially interferes with compliance with the Americans with Disabilities
Act or similar federal or state standards regarding pedestrian access or
movement.
(iv)Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual.
(v)Fails to comply with Applicable Codes.
(c)Permit does not create a property right; program areas where overhead utilities 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 property right or grant authority to impinge upon the
rights of others who may have an interest in the Village’s Public Rights-of-way, nor does
it create a property right to maintain a Communications Facility, Wireless
Communications Facility, Wireless Support Structure, Utility, or other Facilitywhere
overhead Facilitiesare being placed underground pursuant to a Village program to
underground such overhead Facilities.
(d)Avoidance of unreasonable interference with Village Public Rights-of-way.
(1)All new Communications Facilities, Wireless Communications Facilities,
Wireless Support 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-way by the public, 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 located.
(2)Trenchless technology and joint trenching. The use of trenchless technology (i.e.
directional bore method) for the installation of Facilities in the Village’s Public
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Rights-of-way as well as joint trenching for the Placement of Facilities in existing
conduit is strongly encouraged and should be employed wherever feasible.
(e)Avoidance of interference, displacement, damage or destruction,or destruction of other
facilities.A Registrant shall not Place or Maintain its Communications Facilities,
Wireless Support Structures, Utilities, or other Facilities so as to interfere with, displace,
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 or any other
Person’s Facilities lawfully occupying the Village’s Public Rights-of-way.
(f)Coordination with other work in Village Public Rights-of-way. Upon request of the
Village, and as notifiedby the Village of other work, construction, installation or repairs
referenced below, a Registrant may be required to coordinate Placement or Maintenance
activities under a Permit with any other work, construction, installation or repairs that
may be occurring or scheduled to occur within a reasonable timeframe in the subject
Village Public Right-of-way, and the Registrant may be required to reasonably alter its
Placement or Maintenance schedule as necessary so as to minimize disruptions and
disturbance in the Village’s Public Rights-of-way and minimize any interference with the
existing CommunicationsFacilities, Wireless Support Structures, Utilities, or other
Facilities.
(g)Temporary raising and lowering of Facilities as accommodation.Subject to applicable
law, a Registrant shall, on the request of any Person holding a Permit issued by the
Village, temporarily support, protect, raise or lower its Communications Facilities,
Wireless Support Structures, Utilities, or other Facilities to permit the work authorized by
the Permit within the Village’s Public Rights-of-way. The expense of such temporary
support, protection, raising or lowering of Facilities shall be paid by the Person
requesting the same, and the Registrant shall have the authority to require such payment
in advance. The Registrant shall be given not less than thirty (30) days advance written
notice to arrange for such temporary relocation. If the Village requests the temporary
support, protection, raising or lowering of a Facility for a public purpose, the Village
shall not be charged for the temporary support, protection, raising or lowering of the
Facility unless as otherwise provided by Section 337.403 or Section 337.404, Florida
Statutes.
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(h)Restoration of Village Public Rights-of-way.After the completion of any work involving
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 own expense,
restore the Village Public Right-of-way to its existing condition prior to such work. If the
Registrant fails to make such restoration within thirty (30) days, or such longer period of
time as may be reasonably required under the circumstances, following the completion of
such Placement or Maintenance work, the Village may perform restoration and charge
the costs of the restoration against the Registrant in accordance with Section 337.402,
Florida Statutesas same may be amended from time to time. For twelve (12) months
following the original completion of the work, the Registrant shall guarantee its
restoration work and shall correct any restoration work that does not satisfy the
requirements of this Article at its own expense.
(i)Removal or relocation governed by Statelaw; conversion of overhead Facilities to
underground Facilities.
(1)Removal or relocation at the direction of the Village of a Registrant's
Communications Facilities, Wireless Support Structures, Utilities, or other
Facilities in a Village Public Right-of-way shall be governed by the provisions of
Sections 337.403 and 337.404, Florida Statutesas same may be amended from
time to time. Relocation or removal may be required at the Registrant’s sole
expense for, among other reasons, conflicts with Village drainage or
transportation facilities.
(2)Subjecttoapplicableprovisionsoflaw,wheneverexistingoverheadUtility
FacilitiesareconvertedtoundergroundFacilities,anyRegistranthaving
CommunicationsFacilitieslocatedonaCommunicationsFacilityPole,Wireless
SupportStructure,UtilityPoleorotherFacilityshallarrangefortheconversionto
undergroundfacilitiesorrelocationonthesametermsandconditionsastheother
UtilityFacilitiesthatarebeingconvertedtoundergroundFacilities.
(j)Maintenance in accordance with industry standards and applicable law. A Registrant
shall maintain its Communications Facilities, Wireless Support Structures, Utilities, or
other Facilities in goodcondition,orderandrepairin a manner consistent with accepted
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industry practice and applicable lawsothatthesameshallnotendangerthelifeor
propertyofanypersonorotherFacilitiesintheVillage’sPublicRights-of-way.
(k)Maintenance of graffiti plan. Communications Facilities, Wireless Support Structures,
Utilities, or other Facilitieswithin the Village’s Public Rights-of-way, including any
appurtenant features incorporated therewith under this Article shall be maintained so that:
(1)They are free of Graffiti visiblefrom the Village’s Public Rights-of-way or
surrounding propertiesat grade. All Graffiti shall be removed within ten (10)
working days from receipt of notice thereof by the Village; and
(2)They arereasonably free of dirt and grease, rust and corrosion 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 days from receipt of notice thereof from the Village.
(l)Safety practices; encourage strengthening Utilityinfrastructure and infrastructure
hardening plan. All safety practices required by applicable law or accepted industry
practices and standards shall be used during the Placement or Maintenance of
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities.
TheVillage’spoliciesstronglyfavorstrengtheningUtilityinfrastructureandinparticular
asitrelatestofloodingandhurricanerelatedevents,andregistrantsareencouragedto
implementaninfrastructurehardeningplanforanyCommunications Facilities, Wireless
Support Structures, Utilities, or other FacilitieswithintheVillage’sPublicRights-of-
way.
(m)Underground Facility damage prevention and safety act.In connection with excavation
in the Village’s Public Rights-of-way, a Registrant shall, where applicable, comply with
the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556,
Florida Statutes as same may be amended from time to time.
(n)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, including, but not limited to those safeguards set forth in
Chapter 33 of the Florida Building Code.
(o)No warranties or representations regarding fitness, suitability or availability of Village
Public Rights-of-way. The Village makes no warranties or representations regarding the
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fitness, suitability, or availability of the Village's Public Rights-of-way for the
Registrant's Communications Facilities, Wireless Support Structures, Utilities, or other
Facilities. Any performance of work, costs incurred or services provided by 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 availability of any added, vacated or
abandoned Public Rights-of-way for Communications Facilities, Wireless Support
Structures, Utilities, or other Facilities.
(p)Right 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.
(1)UponcompletionofworkauthorizedbyanyPermit,intheeventthatfieldwork
resultedinchangesfromthePermitplans,theRegistrantshallfurnishtothe
Village,atnocosttotheVillage,onecompletesetofsealed“as-built”plans,orin
thecaseofanyundergroundUtilityFacilities,asealedsurveyshowingtheexact
locationofsuchFacilities,includingtheirdepth;orineithercase,suchother
documentationdescribingthelocation(includingheightordepth,asthecasemay
be)ofFacilitiesastheVillagemayapprove.
(2)The“as-built”plansshallbeinanelectronicformatspecifiedbytheVillageand
shallbeprovidedtotheVillageatnocosttotheVillage.
(3)Thisrequirementshallbeinadditionto,andnotinlieuof,anyfilingsthe
RegistrantisrequiredtomakeundertheUndergroundFacilityDamage
PreventionandSafetyActsetforthinChapter556FloridaStatutesassamemay
beamendedfromtimetotime.
(4)Thefactthatsuch“as-built”plansorsurveyisonfilewiththeVillageshallinno
wayabrogatethedutyofanyPersontocomplywiththeaforesaidUnderground
FacilityDamagePreventionandSafetyActwhenperformingworkinthe
Village’sPublicRights-of-way.
(5)AnyproprietaryconfidentialbusinessinformationobtainedfromaRegistrantin
connectionwithaPermitapplicationshallbeheldconfidentialbytheVillageto
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theextentrequiredbySection202.195,FloridaStatutesassamemaybeamended
fromtimetotime,providedtheRegistrantsonotifiestheVillagewhich
informationisconfidentialinaccordancewithFlorida’sPublicRecordsLaws.
(q)Florida Building Code; high velocity hurricane zone. In addition to the requirements 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 Velocity Hurricane Zone
Area. Signed and sealed design and wind load calculation shall be provided by a Florida
licensed professional engineer and a Permit under the Florida Building Code shall be
required.
(r)Permit processing procedures and timeframes; “Shot Clock”. The Village’s action on
proposals to Place or Maintain Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities shall be subject to the standards and time frames set out in
Section 365.172, Florida Statutesas same may 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 apply to any particular
permit are hereby recognized by the Village. Applications for Permits pursuant to
Section 337.401(7), Florida Statutesshall be handled as follows: The Village shall notify
applicants 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 determine, within
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 Utility Pole intended to support a Small
Wireless Facility, whether the application is complete. If an application is deemed
incomplete, theVillage shall notify the applicant by electronic mail and specifically
identify the missing information. An application shall be deemed complete if the Village
fails to notify the applicant otherwise within fourteen (14) days after the date of filing the
application. Denials shall specify the basis for the denial, including specific code
provisions upon which the denial is based. Denials shall be sent via e-mail on the same
day that the denial determination is made. The applicants may cure the deficiencies
identified by the Village and resubmit the application within 30 days after the notice of
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denial is sent to the applicant. The Village shall approve or deny the revised application
within 30 days after receipt or the application is deemed approved. Subsequent 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 Facility or
within ninety (90) days after the date of filing a complete application for the placement of
a new Utility Pole intended to support a Small Wireless Facility, the Village shall
approve or deny the application. Negotiation regarding alternative locations shall extend
the approval timeframe as set forth in Sec. 63-35(k) and (m).
(s)Routine Maintenance and emergency notices and permits. In the case of routine
maintenance (including “out-of-service” repairs) that would otherwise not require 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 will occur,
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 required 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 may 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 and quality, all
without first applying for or receiving a Permit.
(1)The term "emergency" shall mean a condition that affects the public's health,
safety or welfare, which includes an unplanned out-of-service condition of a pre-
existing service.
(2)A Registrant shall provide prompt notice to the Village of the emergency repair or
replacement of a Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities in the Village’s Public Right-of-way, and shall be
required to obtain an after-the-fact Permit if a Permit would have originally been
requiredto perform the work undertaken in connection with the emergency.
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(3)Permits are required for any work that involves excavation of a sidewalk or
closure of a vehicular lane.
(t)Issuance of Permit in violation of code or construction in violation of code.
(1)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.
(2)The issuance of a Permit for Communications Facilities, Wireless Support
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 Article. A
Permit presuming to give authority to violate or cancel the provisions of Village
Code Chapter 63shall be void and invalid except insofar as the work or use which
it authorizes is lawful.
(u)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 Chapter 63.
(v)No Permit fees for work under this Article. Pursuant to Section 337.401(3) (c) (1) (b),
Florida Statutesas same may be amended from time to time, and other applicable
provisions of law, and notwithstanding any other provisions of Village Code, the Village
hereby elects not to charge permit fees to any Registrant for Permits to do work in the
Village Public Rights-of-wayunder this Article. Pass-Through Providers shall be subject
to the fees set forth at Village Code Section 63-45.
(w)Small Wireless Facility Co-location Permit application consolidation. 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, an applicant seeking to Co-locate
Small Wireless Facilities within the Village may, at the applicant’s discretion, file a
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 separately
address Co-locations for which incomplete information has been provided, or which are
denied.
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Sec. 63-35. Standards for compatibility with adjacent properties; prevention of pole
proliferation and saturation of Village Public Rights-of-way.
(a)In General. Communications Facilities, Wireless Support Structures, Utilities, andother
Facilitiesshall be designed 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 compatibility with adjacent properties and to minimize the negative
visual impact on adjacent properties, the following regulations shall apply, unless waived
pursuant to this Section.
(b)StealthDesign. StealthDesignforCommunications Facilities, Wireless Support
Structures, Utilities, or other Facilitiesshallbeutilizedwhereverpossibleinorderto
minimizethevisualimpactofsuchFacilitiesonadjacentpropertiesandinorderto
eliminatetheneedtolocateanygroundorelevatedequipmentontheexteriorofa
FacilityorExistingStructure. StealthDesignisnotrequiredwithrespecttowirelinepole
attachmentinstallationsmadeinthecommunicationspaceofUtilityPoles.Stealth
Designfeaturesmayinclude,butarenotlimitedto,thefollowing:
(1)FornewCommunicationsFacilityPolesandnewWirelessSupportStructures,as
wellasExistingStructuresintheVillage’sPublicRights-of-way,topmounted
antennaswithinenclosuresthatdonotextendmorethanten(10)feetabovethe
supportingstructure,orsidemountedantennaswithinenclosuresthatextendno
morethantwo(2)feetbeyondtheexteriordimensionsofthesupportingstructure
atthelevelofantennaattachment.Nothingcontainedinthissubsectionis
intendedtorestrictthePlacingandMaintainingofSmallWirelessFacilities
pursuanttotheFloridaAdvancedWirelessInfrastructureDeploymentAct,as
integratedintothisArticleandassetforthatSec.337.401(7),FloridaStatutes,as
samemaybeamendedfromtimetotime.
(2)New support structures shall incorporate features of similar, existing Facilities in
the same Right-of-way. For example, where the Right-of-way contains existing
UtilityPoles, any new UtilityPole or Wireless Support Structure shall incorporate
a design with similar features, colors, textures, etc.
37
(3)The use of foliage and vegetation based on conditions of the specific area where
the Facility is to be located.Trees,ifappropriate,shallbedeterminedand
approvedbytheVillageunderseparatePermit.
(4)Equipment wraps.
(5)Flag poles.
(6)Street light fixtures.
(7)Other Stealth Design proposed by an applicant and approved by the Village based
on unique circumstances applicable to the Facility or the location or both.
(8)Artificialreplicationoftreesorothernaturalobjectsisprohibited.
(c)No Signage. Registrants shall not place or maintain signage on Communications
Facilities, Wireless Support Structures, Utilities, orother FacilitiesPlaced or Maintained
in Village Public Rights-of-way, unless otherwise required by federal or State law,
provided, however, that Existing Structures that lawfully supported signage before being
Repurposed may continue to support signage as otherwise permitted by law or Village
Code, as same may be amended from time to time.
(d)Exterior finish.Communications Facilities, Wireless Support 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 approved by the
Village.
(e)Lighting. Communications Facilities, Wireless Support Structures, Utilities, or other
Facilities shall not have any type of lighted signal, lights, or illuminations unless required
by an applicable federal, State, or local rule, regulation, the FAA or law; provided,
however, the Village may 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.
(f)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 Antennas,shall not exceed the
following height:
(1)Arterial Roads, Collector Roads and Local Roads. The top of the uppermost
Antenna array, or Co-located or attached equipment,on a new Communications
38
Facility Pole or a new Wireless Support Structure shall not exceed the height of
the closest light pole on that same Road.
(2)Top mounted Antennas not part of a Small Wireless Facility may extend an
additional four (4) feet in height in excess of the Height Limitations set forth in (f)
(1) above.
(3)For each Co-location or Repurposed Structure, top mounted Antennas not 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 (8) feet above Grade.
(5)The maximum height of any Small Wireless Facility shall be ten (10) feet above
the pole or structure upon which the Facility is Placed, Maintained or Co-located.
Unless waived by the Village, the maximum height for any new Utility Pole or
Wireless Support Structure shall not exceed the tallest existing Utility Pole as of
July 1, 2017 in the same Right-of-way, other than a Utility Pole for which a
waiver has previously been granted, measured from grade in place within 500 feet
of the proposed location 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 Support
Structure.
(g)EquipmentandAntennavolume.
(1)Subject to height limits, 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 UtilityPoles or other above grade support
structures, shall not exceed seventeen (17) cubic feet.
(2)Antenna volume. Subject to height limits and equipment volume limits, each
Antenna that may be associated with the installation of a Communications
Facility(other than Small Wireless Facilities which are regulated above)shall not
exceed more than six (6) cubic feet in volume. Each Antenna that is exposed and
39
not concealed within a concealment enclosure, shall fit within an imaginary
enclosure that does not exceed six (6) cubic feet.
(h)ProhibitionagainstPlacementonroadswhereVillagehasplansforsidewalks;
preferenceforArterialorCollectorroads. NonewCommunications Facilities, Wireless
Support Structures, Utilities, or other Facilitiesor other new support structuresshallbe
PlacedorMaintainedintheswaleareaonthesideofaroadorwheretheVillagehas
planstoinstallasidewalkoffive(5)feetinwidthormore,norshallsuchnew
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities or
other new support structurebelocatedinsuchamannerthatwouldprecludeafive(5)
footclearpathwayfortheplannedsidewalk. Otherwise,newCommunications Facilities,
Wireless Support Structures, Utilities, or other Facilitiesor other new support structures
shall generally be Placed and Maintained in Arterial or Collector roads whenever
possible. Placement of newCommunications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structuresin Village Rights-of-way
other than Arterial or Collector roads shall be justified by the applicant to the satisfaction
of the Village prior to the issuance of any Permit. 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.
(i)Minimum distance separation from edge of pavement. NonewCommunications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other newsupport
structuresshall be Placed or Maintained in the Village’s Public Rights-of-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 same may be
amended from time to time. In accordance with said manual, the Village shall have the
authority to reduce any offset where that offset cannot be reasonably obtained,and other
alternatives are deemed impractical. 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
(j)Minimum distance separation from existing sidewalk. NonewCommunications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other new support
structuresshall be Placed or Maintained in the Village’s Public Rights-of-way within one
(1) foot of an existing sidewalk that is five (5) feet or less in width, which may require
that facilities such as metersand other ground equipment be located on or directly
adjacent to the pole or support structure upon which the Antenna is located. Co-location
and use of Existing, Repurposed Structures are exempt from this requirement. The
placement of new Utility Polesfor purposes of the installation of a Small Wireless
Facility are strongly encouraged to comply with this distance separation. 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.
(k)DistanceseparationbetweenCommunicationsFacilityPolesandWirelessSupport
Structuresand other new support structuresinVillagePublicRights-of-way.
CommunicationsFacilityPoles,WirelessSupportStructuresand other new support
structuresintheVillage’sPublicRights-of-waymustbespacedaminimumofthree
hundredfifty(350)linearfeetapartfromeachother,along the line of general vehicular
travel, except that no distance requirement shall apply to Co-locations, Repurposed or
Existing Structures.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. 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 filing
of a permit application for placement of Small Wireless Facilities, the Village may
request relocation of a proposed Small Wireless Facility and/or placement of the Small
Wireless Facility on an alternative 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.
41
(l)Sight Distance. NonewCommunications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structuresshall 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.
(m)EmphasisonArterialorCollectorRoadways. RegistrantsseekingtoPlaceorMaintaina
Communications Facility Pole or a Wireless Support StructureintheVillage’sPublic
Rights-of-wayshalllocatetheirFacilitiesinArterialorCollectorRoads,whenever
possible. Seesubparagraph(h)aboveforcertainrestrictions. AnapplicationforaPermit
toplaceaCommunications Facility Pole or a Wireless Support StructureinaVillage
PublicRight-of-wayotherthanArterialorCollectorRoadsshallexplainwhythe
applicantisunabletolocatesuchFacilitiesinoradjacenttoanArterialorCollectorRoad
andshalldemonstratetothesatisfactionoftheVillageEngineertheneedtolocatethe
Facilitiesintheareasproposedintheapplication. 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, 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 request relocation of a proposed Small Wireless Facility and/or Placement of the
Small Wireless Facility on an alternative 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. UpondelegationtotheVillageofthe
regulatoryauthoritiesinthisArticlebytheCounty,StateorU.S.Departmentof
Transportationoralloftheforegoingentities,thentheVillagemayenforcesuch
regulationsinthisArticlewithinthecorporateboundariesoftheVillageonsuchcounty,
StateorfederalroadstotheextentsuchauthorityhasbeendelegatedtotheVillageas
statedabove.
(n)ProhibitionagainstPlacementinresidentialfrontyard. NonewCommunications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other new support
42
structuresshallbeplacedwithinaVillagePublicRight-of-waythatabutsanyfrontyard
ofaresidentialproperty.
(o)LimitationonPlacementinresidentialcorneryards. NewCommunications Facilities,
Wireless Support Structures, Utilities, or other Facilities or other new support structures
withintheVillage’sPublicRights-of-wayabuttingacorneryardofacornerlotofa
residentialpropertyshallnotbeplacedanycloserthanten(10)feetfromtheside
propertylineofthelotabuttingandadjacenttothecornerlot.
(p)Notsignificantlyimpairviewfromprincipalstructureswithinresidentialareas. Allnew
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities or
other new support structuresshallbelocatedsuchthatviewsfromprincipalstructures
withinresidentialareasarenotsignificantlyimpaired. Wherepossible,newlyinstalled
Facility poles or support structuresshouldbelocatedinareaswithexistingfoliageor
otheraestheticfeaturesinordertoobscuretheviewoftheFacility or support structures
withinresidentialareas.TherequirementsofthissubparagraphshallnotapplytoExisting
Structures,whenthereisaone-to-oneuseorRepurposingofanExistingStructure.
(q)RegulationsspecifictoAuthorityUtilityPoles. Thefollowingregulationsapplyto
AuthorityUtilityPolespursuanttotheAdvanced Wireless Infrastructure Deployment Act
set forth at Sec. 337.401(7), Florida Statutes, as same may be amended from time to
time:
(1)Co-locationofaSmallWirelessFacilityonanAuthorityUtilityPoledoesnot
providethebasisfortheimpositionofanadvaloremtaxontheAuthorityUtility
Pole.
(2)TheVillagemayreservespaceonAuthorityUtilityPolesforfuturepublicsafety
uses. However,suchareservationmaynotprecludetheCo-locationofaSmall
WirelessFacility. IfreplacementoftheAuthorityUtilityPoleisnecessaryto
accommodatetheCo-locationoftheSmallWirelessFacilityandthepublicsafety
use,thepolereplacementissubjecttomake-readyprovisionsandthereplaced
poleshallaccommodatethefuturepublicsafetyuse.
(3)Co-location of Small Wireless Facilities on Authority Utility Poles are subject to
the following:
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(i)The Village may not enter into an exclusive arrangement with any Person for
the right to attach equipment to Authority Utility Poles.
(ii)The ratesand fees for Co-locations on Authority Utility Poles must be non-
discriminatory, regardless of the services provided by the Co-locating Person.
(iii)The rate to Co-locate Small Wireless Facilities on Authority Utility Poles
shall not exceed $150.00 per pole annually.
(iv)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 subject 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 Utility Poles, that are the subject of an application submitted
after same become effective.
(v)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 Utility Pole, the Village
shall make available rates, fees, and terms for the Co-location of Small
Wireless Facilities on Authority Utility Poles that comply with this Chapter as
well as Sec. 337.401(7), Florida Statutes, as same may be amended from time
to time.
(4)Make ready work.
(i)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
necessary.
(ii)For an Authority Utility Pole that does not support an aerial facility used to
provide Communications Services or electric service, the Village shall provide
a good faith estimate for any make ready work necessary to enable the pole to
support the requested Co-location, including necessary pole replacement,
within 60 days after receipt of a complete application. Make ready work,
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including any pole replacement, must be completed within 60 days after
written acceptance of the good faith estimate by the applicant. Alternatively,
the Village may require the applicant seeking to Co-locate a Small Wireless
Facility to provide a make ready estimate at the applicant’s expense for the
work necessary to support the Small Wireless Facility, including pole
replacement, and perform the make ready work. If pole replacement is
required, the scope of the make ready estimate is limited to the design,
fabrication, and installation of a Utility Pole that is substantially similar in
color and composition. The 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 property of the Village.
(iii)The Village may not require more make ready work than is required to meet
Applicable Codes or industry 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 include any
consultant fee or expense.
(r)Waiver of application of the requirements of this section by Village Engineer.
(1)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-way by Communications Service Providers, Communications Facility
Providers, Wireless Infrastructure Providers or Pass-Through Providers, in
violation of federal or State law. Nor shall anything in this section be construed as
being in violation of the Florida Advanced Wireless Infrastructure Deployment
Act as set forth at Section 337.401(7),Florida Statutes, as same may be amended
from time to time.
(2)A request for a waiver shall be filed with the Village Engineer contemporaneously
with the Permit application.
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(3)The request for waiver shall include each section and subsection of this Articlefor
which a waiver is sought. A request for a waiver shall include all information
described in this subsection and any other reasonable information the Village may
reasonably require to process the waiver request.
(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 applicable to any particular waiver request, in determining
whether to grant a waiver:
(i)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-way;
(ii)Availability of other Co-location opportunities within the Public Rights-of-
way;
(iii)Size and height of the proposed Facilities;
(iv)Location and separation distances of the proposed Facilities;
(v)Nature and characteristics of the adjacent properties;
(vi)Adjacent and nearby topography, tree coverage and foliage of the adjacent
properties;
(vii)Design of the proposed Facilities with particular reference to achieving
compatibility with the adjacent propertiesand elimination of adverse visual
impacts of such Facilities on the adjacent properties;
(viii)Any other factors the Village Engineer determines to be relevant.
(5)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 propertiesor to protect the health, safety
and welfare of the Village and its residents.
(6)The Village Engineer shall have authority to grant a waiver if the applicant proves
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) hereinbelow:
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(i)There are special conditions and circumstance affecting the proposed site
which prevent compliance with the subsections for which a waiver is being
sought; and
(ii)The proposed waiver, if granted, results in a superior site plan; and
(iii)The proposed waiver, if granted, will not be incompatible with the adjacent
properties; and
(iv)The proposed waiver, if granted, is ADA compliant; and
(v)The proposed waiver, if granted, complies with FCC regulations; and
(vi)The proposed waiver, if granted, preserves to the Village optimum flexibility
in its management of its Public Rights-of-way; and
(vii)The applicant for the waiver demonstrates that the item for which the waiver
is being sought would unreasonably discriminate for or against any Provider.
(7)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 theextent 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 the Village
Engineer within 45 days after the date of the request.
(s)Limitations.
(1)Nothing contained in this Articleshall be construed to authorize a Person to Co-
locate or attach Wireless Facilities, including any Antenna or other Facility, on a
privately-ownedUtilityPole, a UtilityPole owned by an electric cooperative or a
Village electric Utility, a privately-ownedWireless Support Structure, or other
private property without the consent of the property owner.
(2)The approval for the Placing or Maintenance of a Facility pursuant to this Article
does not authorize the provision of any voice, data, or video communications
services.
(t)Exceptions. The requirements of this Article shall not apply as follows:
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(1)Nothing contained in this Articleshall be construed to authorize a Person to Co-
locate or attach Wireless Facilities, including any Antenna, Micro Wireless
Facility, or Small Wireless Facility, on a privately owned Utility Pole, a Utility
Pole owned by anelectric cooperative or a Village electric Utility, a privately
owned Wireless Support Structure, or other private property without the consent
of the property owner.
(2)The approval of the installation, placement, maintenance or operation of a Small
Wireless Facility pursuant to this Articledoes not authorize the provision of any
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.
(3)Nothing contained in this Articleshall be construed to authorize any Person to
Co-locate or attach Small Wireless Facilities or Micro Wireless Facilities (except
for Micro Wireless Facilities on existing and permitted aerial communications
facilities) on a Utility Pole, unless otherwise permitted by federal law, or to erect
a Wireless Support Structure in a right-of-way located withina retirement
community that:
(i)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
(ii)Has more than 5,000 residents; and
(iii)Has underground utilities forelectric transmission or distribution.
(4)Nothing contained in this Article shall be construed to authorize any Person to
Co-locate or attach Small Wireless Facilities or Micro Wireless Facilities (except
for Micro Wireless Facilities on existing and permitted aerial communications
facilities) on an Authority Utility Pole, or to erect a Wireless Support Structure, in
any location subject to covenants, conditions, restrictions, articles of
incorporation, and by-laws of a homeowners’ association.
Sec.63-36.FloridaAdvancedWirelessInfrastructureDeploymentAct.
TheCo-locationofSmallWirelessFacilitiesandMicroWirelessFacilitiesaresubjectto
therequirementsoftheFloridaAdvancedWirelessInfrastructureDeploymentActassetforthat
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Sec.337.401(7),FloridaStatutes,assamemaybeamendedfromtimetotime. Totheextent
thattheprovisionsofthisArticleconflictwiththeprovisionsoftheFloridaAdvancedWireless
InfrastructureDeploymentActassetforthatSec.337.401(7),FloridaStatutes,assamemaybe
amendedfromtimetotime,theprovisionsoftheFloridaAdvancedWirelessInfrastructure
DeploymentActassetforthatSec.337.401(7),FloridaStatutes,assamemaybeamendedfrom
timetotimeshallprevail.
DIVISION 4. Administration and Enforcement.
Sec.63-3733.Suspensionofpermits.
Subjecttoappeal as provided in this Articlesection 63-34below,theVillagemay
suspendorrevokeapermit,with no refund of fees paid thereunder, if any,forPlacement or
MaintenanceworkintheVillage’sPublicRights-of-wayforoneormoreofthefollowing
reasons:
(a)ViolationofPermitconditions,includingconditionssetforthinthisArticleorother
applicableVillagecodesorregulationsgoverninguseoftheVillage’sPublicRights-of-
way;or
(b)MisrepresentationorfraudbytheregistrantinaRegistrationorpermitapplication
submittedtotheVillage;or
(c)ViolationofprovisionsinthisArticlerequiringpaymentofRegistrationorPermitfees,if
applicable,totheVillage;or
(d)FailuretorelocateorremoveCommunicationsFacilities,WirelessCommunications
FacilitiesorutilitiesasmaybelawfullyrequiredbytheVillagein connection with the
subject permit.
If the Village determines that the permittee has committed a substantial breach of a term
or condition of the Permit, the Villageshall 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 thirty (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
itsdiscretion, 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
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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.
Sec.63-3834.Appeals.
Final,writtendecisionsoftheVillagemanagersuspendingapermit,denyingan
applicationforaRegistrationordenyinganapplicationforrenewalofaRegistrationaresubject
toappeal.AnappealmustbefiledwiththeVillageManagerwithinthirty(30)daysofthedateof
thefinal,writtendecisiontobeappealed.Anyappealnottimelyfiledassetforthhereinshallbe
waived.TheVillageManagercouncilshallconsidertheappealatthenextregularlyscheduled
meetingandshallconsidertheappealandshallconsiderwhethertheappellantapplicantmeets
therequirementsforaRegistrationorPermitbasedupontheprovisionsofthisArticleandthe
applicablestateandfederallaws.TheVillageManager’sdecisionshallbedeemedtobefinal
agencyactionandtheexhaustionofalllocaladministrativeremedies. AnyPersonaggrievedby
anydecisionoftheVillageManagershallbeentitledpursueanyremedyavailabletothematlaw
orinequity.
Sec.63-35.Constructionintherights-of-way.
(a)Permitstoconstruct.Theregistrantmayconstructthecommunicationsfacilitiesor
utilitiesinthepublicright-of-wayspecificallyidentifiedinpermitsobtainedin
accordancewithapplicableprovisionsofthisarticleorotherapplicablevillagecodesand
regulations.Thepermissiontouseandconstructinthepublicrights-of-wayisonlyfor
thoseareasspecificallyidentifiedinthepermit.
(b)Compliancewithvillagecodesandregulations.Registrantagreestocomplywithall
applicablevillagecodesandregulationsinconstructinganycommunicationsfacilitiesor
utilitiesinthepublicright-of-way,including,butnotlimitedto,engineeringregulations,
permitrequirements,contractorlicensingrequirements,firecodesandzoningcodes;and
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shallnotdisturbthevillage'sexistingstormwatersystemasdefinedfurtheratdivision3
ofarticleIVofchapter 74,utilitiesoftheVillageCodeofOrdinances.
(c)Registrantmustobtainapplicablepermits.Exceptinthecaseofanemergency,registrant
shallnotcommenceanyconstructioninthepublicrights-of-wayuntilallapplicable
permitshavebeenissuedbythevillageorotherappropriateauthority.Theterm
emergencyshallmeananout-of-serviceconditionorotherconditionthatmayaffectthe
public'shealth,safetyandwelfare.Registrantshallprovidereasonableadvancenoticeto
thevillageofitsintenttocommenceconstructionintherights-of-wayintheeventofan
emergency.Registrantacknowledgesthatasaconditionofgrantingsuchpermits,the
villagemayimposeconditionsonthepermitsasnecessaryandreasonableforthe
constructioninthepublicrights-of-way.
(d)Constructionstandards.Registrantshallconstruct,maintain,install,removeand/orrepair
thecommunicationsfacilityorUtilityinthepublicrights-of-wayincompliancewithall
applicableconstructionstandardsasestablishedbyalllocal,stateorfederallawandin
conformancewiththevillage'scodesandregulations.Registrantshalluseandexercise
duecaution,care,skillandexpertiseinperformingworkinthepublicrights-of-wayand
shalltakeallreasonablestepstosafeguardworksiteareas. Installationandconstruction
schedule;inspections.Intheinterestofthepublic'shealth,safetyandwelfare,registrant
shallcooperatewiththevillageandthevillage'smanagementactionsincoordinatingthe
useofthepublicrights-of-way.Uponrequestofthevillage,aregistrantshallcoordinate
workunderapermitwithanyotherconstruction,installationorrepairsthatmaybe
occurringorscheduledtooccurinthesubjectpublicrights-of-wayandalterits
constructionscheduleasnecessarysoastominimizedisruptionsanddisturbanceinthe
publicrights-of-way.
(e)Maintenance.Aregistrantshallmaintainitscommunicationsfacilitiesorutilitiesinthe
publicrights-of-wayinasafecondition.
(f)Noticetovillage.Priortoanyexcavationinthepublicrights-of-wayforconstruction,
installation,repairormaintenance,theregistrantmustcallpriortoconstructionactivityto
locateanyundergroundequipmentinaccordancewithF.S.ch.556,asitmaybe
amended.AregistrantmustbeamemberofSunshineStateOneCallofFlorida,Inc.(1-
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800-432-4770)oranysuccessoralertandwarningsystemtoprotectandlocateits
undergroundequipment.
(g)Removalofregistrant'scommunicationsorutilitiesintheright-of-way.Totheextent
authorizedbyF.S.§337.403,villagemayrequireregistranttoremoveorrelocate,and
registrantshall,atvillage'sdirection,removeorrelocateanycommunicationsfacilitiesor
utilitiesinthepublicrights-of-waywhenthevillagemanagerdeterminesthatsuch
removalorrelocationisnecessarytoprotectorpreservethepublichealth,safetyand
welfare,ortoprotecttheproperoperationofvillage'strafficsignalsortrafficcontrol
devicesorothervillagefacilities.Villageshallprovide90days'writtennoticeto
registrantbeforethelinesmustberelocatedorremoved.Ifregistrantfailstocommence
andcompletethisremovalworkbythedatesrequestedbythevillageinitswrittennotice,
orwithin30daysfollowingtheexpirationorterminationofthisregistration,thenthe
villageshallhavetherighttoperformthisremovalworkandchargeregistrantforthe
costsincurredbythevillageinperformingthiswork.Uponpaymentbyregistrantofthe
coststothevillage,thevillageshallpromptlyreturntoregistrantequipmentremovedby
villagepursuanttothisprovision.
(h)Restorationofrights-of-way.Uponthecompletionofeachinstallation,construction,
repair,maintenance,orremovalintherights-of-way,aregistrantshallrestorethepublic
rights-of-waytoasafeconditionandtothevillage'sstandardspecificationsforrights-of-
way,atregistrant'sexpense.Registrantshall,atitsownexpense,repairorreplaceany
otherpropertydisturbedordamagedonaccountofitsactivitiesinthepublicrights-of-
way.
(i)Interferencewithotherusesinthepublicrights-of-way.Aregistrantshallusereasonable
effortsnottodisturborotherwisedisrupttheoperationormaintenanceofanyother
communicationsfacilities,utilities,orusesinthepublicrights-of-way,including,butnot
limitedto,sewers,stormdrains,gasorwatermains,orotherundergroundcablesor
conduits.
(j)Nowarrantiesorrepresentationsbyvillage.Thevillagemakesnowarrantiesor
representationsregardingthefitnessorsuitabilityofvillage'spropertyfortheinstallation
ofregistrant'scommunicationsfacilitiesorutilitiesandanyperformanceofworkorcosts
incurredbyregistrantorprovisionofservicesshallbeatregistrant'ssolerisk.
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(k)Maps.Within30daysofarequestbythevillage,theregistrantshallprovidethevillage
withcopiesofmapsondisk,inaformatspecifiedbythevillagemanager,providedsuch
formatismaintainedbytheregistrant.Anysuchmaintainedgeographicdata,mediaand
informationwillbeprovidedatnocosttovillage.Innoeventshallanyproprietary
confidentialinformationberequiredtobedisclosedpursuanttothissection,exceptthat
thelocationofcommunicationsfacilities,orutilitiespreviouslyplacedinthepublicright-
of-wayshallnotbedeemedproprietaryconfidentialinformation.
(l)Relocationoffacilitiesandreservationofthevillage'srights.
(1)Thevillagereservestherighttolay,andpermittobelaid,sewer,gas,water,
electric,stormdrainage,telecommunications,andotherpipelinesorcablesor
conduit,andtodoandtopermittobedoneanyundergroundinstallationor
improvementthatmaybedeemednecessaryorproperbythevillagein,across,
along,overorunderanypublicrights-of-wayoccupiedbytheregistrant,andto
changeanycurborsidewalkorthegradeofanystreet.Thevillage,itscontractors
andsubcontractorsshallberequiredtocallSunshineStateOneCallofFlorida,
Inc.(1-800-432-4770),orsuccessoralertandwarningsystem,priortoexcavation,
inaccordancewithF.S.ch.556,asitmaybeamended,inordertoavoiddamages
toregistrant'scommunicationsfacilitiesorutilities.
(2)Thevillageexpresslyreservestherighttochange,orcausetobechangedthrough
exerciseofitspolicepowers,thegrading,installation,relocation,orwidthofthe
villagestreets,sidewalks,bikeways,alleys,publicthoroughfares,highwaysand
publicwaysandplaceswithinthepresentlimitsofthevillageandwithinsaid
limitsassamemayfromtimetotimebealtered,andtheregistrantshallrelocate,
atitsownexpensewhereallowedbyF.S.§337.403,asitmaybeamended,its
poleswires,cables,anchors,manholes,conduits,appurtenances,orother
communicationsfacilitiesorutilitiesinordertoaccommodatetheinstallation,
relocation,wideningorchangingofthegradeofanypublicstreets,sidewalks,
bikeways,alleys,publicthoroughfares,highwaysandpublicwaysandplaces,
includingifnecessaryrelocatingsuchpoles,wires,cables,anchors,manholes,
conduitsorotherfacilitiesorappurtenancestoasufficientdistancefromtheedge
ofthepavementtopermitareasonableworkareaformachineryandindividuals
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engagedininstalling,relocating,widening,orchangingthegradeofanysuch
streets,sidewalks,bikeways,alleys,publicthoroughfares,highwaysandpublic
waysandplaces.Uponnoticeinwritingfromthevillagethatchangesinthe
publicrights-of-wayarerequiredpursuanttothevillage'spolicepowerinsucha
manneraswillnecessitatetherelocationofitsfacilitiesinthepublicrights-of-
way,theregistrantshallrelocateitscommunicationsfacilitiesorutilitiesatno
expensetothevillage,whereallowedbyF.S.§337.403,asitmaybeamended,so
astopermittheconstructionofsuchimprovementswhenordered.Shouldthe
registrantfailtocomplywithsuchnotice,thecommunicationsfacilitiesor
utilitiesmayberelocatedbythevillageandthecostthereofrecoveredfromthe
registrant,whereallowedbyF.S.§337.403,asitmaybeamended.
(3)Arterialrightsofway. Communicationsfacilitiesshallbelocatedinarterial
rights-of-waywheneverpossible. Placementofcommunicationsfacilitiesin
rights-of-wayotherthanarterialrights-of-wayshallbejustifiedbyanengineering
analysisfromtheapplicanttothesatisfactionofthevillageengineerpriortothe
issuanceofanypermit. Whenevercommunicationsfacilitiesorwireless
communicationsfacilitiesmustbeplacedinaright-of-waywithresidentialuses
ononeorbothsides,neitherpoles,equipment,antennasorotherstructuresshall
beplaceddirectlyinfrontofaresidentialstructure. Ifaright-ofwayhas
residentialstructuresononlyoneside,thecommunicationsfacilitiesorwireless
communicationsfacilitiesshallbelocatedontheoppositesideoftheright-of-
way. Allcommunicationsfacilitiesandwirelesscommunicationsfacilitiesshall
belocatedsuchthatviewsfromresidentialstructuresarenotsignificantly
impaired. Newlyinstalledpolesshouldbelocatedinareaswithexistingfoliage
orotheraestheticfeaturesinordertoobscuretheviewofthepole.
(4)Publichearings. Priortotheissuanceofanypermitpertainingtotheplacement
andmaintenanceofcommunicationfacilitiesorwirelesscommunications
facilitieswithinthepublicrights-of-way,theregistrantshallissuenoticeofthe
worktopropertyownerswhoadjoinsuchrights-of-way(the"notificationarea"),
aswellasthedate,timeandplaceofapublichearingtobeheldbytheregistrant
forthepurposeofreceivingpubliccommentsregardingtheapplication.The
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notificationareamaybeexpandedatthevillage'sdiscretionandnoticeshallbe
effectedinamannerdeemedappropriatebythevillagemanagerordesignee.
Followingthepublichearing,andpriortotheissuanceofanypermit,the
registrantshallmeetwithvillagestafftoreviewcommentsreceivedatthepublic
hearing,andattempttoresolveallnegativecommentsorissuesraised.
Sec.63-3936.Insuranceandindemnification.
(a)Indemnification.Registrants,by Registering with the Village pursuant to this Article,
shallagreetoprotect,defend,reimburse,indemnifyandholdtheVillage,itsagents,
employeesandelectedofficersandeachofthemfreeandharmlessatalltimesfromand
againstanyandallsuits,actions,legaloradministrativeproceedings,claims,demands,
damages,liabilities,interest,attorney'sfees,costsandexpensesofwhatsoeverkindor
naturewhetherarisinginanymannerdirectlyorindirectlycaused,occasionedor
contributedtoinwholeorinpart,byreasonofanyact,omissionorfault,ofanyone
actingunderregistrant'sdirectionorcontrol,oronregistrant'sbehalfinanymatterrelated
toregistrant'suseoftheVillage’sPublicRights-of-wayoranypropertyRegistrantis
entitledorauthorizedtouseasaresultoftheRegistration,Permitorotherauthorization.
Registrant'saforesaidindemnityandholdharmlessobligations,orportionsor
applicationsthereof,shallapplytothefullestextentpermittedbylawbutinnoevent
shalltheyapplytoliabilitycausedbythenegligenceorwillfulmisconductoftheVillage,
itsrespectiveagents,servants,employeesorofficers,norshalltheliabilitylimitssetforth
inF.S.§768.28,bewaived. Nothingcontainedinthissectionshallbeconstruedor
interpreted:(1)asdenyingtoeitherpartyanyremedyordefenseavailabletosuchparty
underthelawsoftheStateofFlorida;(2)asconsentbytheVillagetobesued;or(3)asa
waiverofsovereignimmunitybeyondthewaiverprovidedinF.S.§768.28,asitmaybe
amended.
(b)Insurance.ARegistrantshallmaintaininfullforceandeffectgeneralliabilityinsurance
acceptabletotheVillage,whichspecificallycoversallexposuresincidenttotheintent
andresponsibilitiesunderthisArticleinnolessthantheamountssetforthbelow:
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(1)Workers'compensationinsurancewithinFloridastatutorylimitsandemployers'
liabilityinsurancewithminimumlimitsofone hundred thousand dollars
($100,000.00)eachaccident.
(2)Comprehensivegeneralliabilityinsurancewithminimumlimitsofthree million
dollars ($3,000,000)asthecombinedsinglelimitforeachoccurrenceofbodily
injury,personalinjuryandpropertydamage.Thepolicyshallprovideblanket
liabilityinsuranceandshallincludecoverageforproductsandcompleted
operationsliability,independentcontractor'sliability;coverageforproperty
damagefromperilsofexplosion,collapseordamagetoundergroundutilities,
commonlyknownasXCUcoverage.
(3)Automobileliabilityinsurancecoveringallowned,hired,andnon-ownedvehicles
inusebytheprovider,itsemployeesandagents,withpersonalprotection
insuranceandpropertyprotectioninsurancetocomplywiththeprovisionsofthe
applicableStatelaw,includingresidualliabilityinsurancewithminimumlimitsof
two million dollars ($2,000,000.00)asthecombinedsinglelimitforeach
occurrenceforbodilyinjuryandpropertydamage.
(4)Namedinsureds.AllcertificatesofinsuranceshallnametheVillageofTequesta
asanadditionalinsured.
(5)Cancellationofpoliciesofinsurance.Atleast3060dayspriorwrittennoticeshall
begiventothevillagebytheinsurerofanyintentionnottorenewsuchpolicyor
tocancel,replaceormateriallyaltersame,suchnoticetobegivenbyregistered
mailtotheVillage.
(c)Self-insurance. The insurance requirements set forth hereinabove may be satisfied by
proof of self-insurance satisfactory to the Village.
(d)Failure to maintain required coverage shall be deemed a Violation of this Article Failure
to maintain all the required 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.
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(a)Prior to issuing a Permit under this Article where the work under the Permit will require
restoration of the Village’s Public Rights-of-way, the Village may require a performance
bond by a surety duly authorized to do business in the State of Florida and having an
A.M. Best A-VII rating or better. The bond, if required, shall be in the amount of 125 %
of the restoration cost estimate of the Village’s Public Rights-of-way, as certified by a
professional engineer licensed in the State of Florida, to secure proper performance under
the requirements of any Permits and the restoration of the Village’s Public Rights-of-
way. Twelve (12) months after the completion of the restoration of the Village’s Public
Rights-of-way in accordance with the bond, the Registrant may eliminate the bond, if
required. However, the Village Engineer may subsequently require a new bond for any
subsequent work by the same Registrant in the Village’s Public Rights-of-way. The
performance bond, if required, shall provide that: "For twelve (12) months after issuance
of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days
after receipt by the Village, by certified mail, return receipt requested, of a written notice
from the issuer of the bond of intent to cancel or not to renew."
(b)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 Village may
have.
Sec.63-41.Reservationofrightsandremedies.
(a)The provisions of this Articleshall 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
ordinancefrom which this Article is derived or amended and shall apply to all existing
Communications Facilities, including Wireless Communications Facilities and Wireless
Support Structures, and Utilitiesplaced in the Village’s Public Rights-of-way prior to the
effective date of this Ordinance, to the full extent permitted by federal and State law,
except that any provision of this Article regarding the size, composition, or location of
Communications Facilities, including Wireless Communications Facilities and Wireless
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Support Structuresshall not apply to Communications Facilities, including Wireless
Communications Facilities and Wireless Support Structureslawfully Placed within any
Village Public Right-of-way prior to the effective date of this Ordinance.
(b)The adoption of this Article is not intended to affect any rights or defenses of the Village
or a Communications Service Provider, Communications Facility Provider, Wireless
Infrastructure Provider or Pass-Through Provider under any existing franchise, license or
other agreements with a Communications Service Provider, Communications Facility
Provider, Wireless Infrastructure Provider or Pass-Through Provider.
(c)Nothing in this Article shall affect the remedies the Village or the Registrant has
available under applicable law.
Sec. 63-42. Reports and records.
(a)A Registrant shall provide the following documents to the Village as received or filed.
(1)Upon reasonable request, any pleadings, petitions, notices and documents, which
may directly impact the obligations under this Article and which are reasonable
necessary for the Village to protect its interests under this Article.
(2)Any request for protectionunder bankruptcy laws, or any judgment related to a
declaration of bankruptcy.
(b)Nothing in this section shall affect the remedies a Registrant has available under
applicable law.
(c)The Village shall keep any documentation, books and records of the Registrant
confidential to the extent required or permitted under Florida Public Records Law.
Sec. 63-43. Force Majeure.
In the event a Registrant’s performance of or compliance with any of the provisions of
this Article is prevented by a cause or event not within the Registrant’s control, such inability to
perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a
result, provided, however, that such Registrant uses all practicable means to expeditiously cure
or correct any such inability to perform or comply. For the purposes of this Section, cause or
events not within a Registrant’s control shall include, but not be limited to, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots
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or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency
or court. Causes or events within Registrant’s control, and thus not falling within this Section,
shall include, without limitation Registrant’s financial inability to perform or comply, economic
hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant’s directors, officers,
employees, contractors or agents.
Sec.63-44.Noliabilityorwarranty.
NothingcontainedinthisArticleshallbeconstruedtomakeorholdtheVillage
responsibleorliableforanydamagetoPersonsoranypropertywhatsoever,fromanycause
whatsoever,arisingfromtheuse,operationorconditionoftheRegistrant’sCommunications
Facilities,WirelessCommunicationsFacilitiesorutilities;orbyreasonofanyinspectionorre-
inspectionauthorizedhereinorfailuretoinspectorre-inspect. Norshalltheissuanceofany
PermitortheapprovalordisapprovalofanyPlacementorMaintenanceoftheRegistrant’s
CommunicationsFacilities,WirelessCommunicationsFacilitiesorutilitiesasauthorizedherein
constituteanyrepresentation,guaranteeorwarrantyofanykindby,norcreateanyliabilityupon,
theVillageoranyofficial,agentoremployeethereof.
Sec.63-45.Pass-throughproviderfeesandcharges.
(a)Pass-throughprovidersshallpaytotheVillageonanannualbasisanamountequalto
FiveHundredDollars($500.00)perlinearmileorportionthereofofCommunications
FacilitiesorWirelessCommunicationsFacilitiesPlacedorMaintainedintheVillage’s
PublicRights-of-way. ForpurposesofthisArticle,theVillage’sPublicRights-of-way
donotincludeRights-of-waythatextendinorthroughtheVillagebutarestate,countyor
anotherauthority’sRights-of-way.
(b)TheamountschargedpursuanttothisArticleshallbebasedonthelinearmilesofVillage
PublicRights-of-waywhereCommunicationsFacilitiesorWirelessCommunications
Facilitiesareplaced,notbasedonasummationofthelengthsofindividualcables,
conduits,strandsorfibers.
(c)Anyannualamountchargedshallbereducedforaproratedportionofany12-month
periodduringwhichthePass-throughproviderremitstaxesimposedbytheVillage
pursuanttoChapter202,F.S.
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(d)AnnualpaymentsshallbedueandpayableonMarch1ofeachyear. Feesnotpaidwithin
ten(10)daysaftertheduedateshallbearinterestattherateofone(1)percentpermonth
fromthedatedueuntilpaid. Theacceptanceofanypaymentrequiredhereunderbythe
Villageshallnotbeconstruedasanacknowledgementthattheamountpaidisthecorrect
amountdue,norshallsuchacceptanceofpaymentbeconstruedasareleaseofanyclaim
whichtheVillagemayhaveforadditionalsumsdueandpayable. Allfeepaymentsshall
besubjecttoauditbytheVillage,andassessmentorrefundifanypaymentisfoundtobe
inerror. Ifsuchauditresultsinanassessmentbyandanadditionalpaymenttothe
Village,suchadditionalpaymentshallbesubjecttointerestattherateofone(1)percent
permonthuntilthedatepaymentismade.
(e)IfthepaymentsrequiredbythisArticlearenotmadewithinninety(90)daysafterthedue
date,theVillagemaywithholdtheissuanceofanyPermitstothePass-throughprovider
untiltheamountpastdueispaidinfull.
Sec.63-4637.Penaltiesforviolation.
AnyviolationofanyoftheprovisionsofthisArticleOrdinancemaybeenforcedas
providedforinChapter 162, Florida StatutesF.S.ch.162.Eachdayorfractionthereofthe
violationcontinuesshallbeconsideredasaseparateoffense.Inaddition,theVillagecanpursue
anyand/orallotherlawfulactions,includingfilingacomplaintwithFloridaPublicService
CommissionorFederalCommunicationsCommissionadvisingofviolationsofVillage
ordinances,filinganinjunctionincircuitcourttoenforcethetermsoftheArticle,Registrationor
permit,ortoenjointheuseoftheVillage’sPublicRights-of-way,pursuingactionbeforethe
codeenforcementspecialmagistratetoimposedailyfines,denyingpermitsordevelopment
ordersforotherprojectsoruseoftheVillage’sPublicRights-of-waybytheRegistrantprovider,
and/orbyanyothermeansallowedbylaw.Theseremediesshallbecumulative.
Secs.63-4738—63-50.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.
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Section 3:All ordinances or parts of ordinances inconflict 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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