HomeMy WebLinkAboutOrdinance_11-19_5/9/2019ORDINANCE 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 H. RIGHT-OF-WAY
REGULATIONS, TO RE -NAME THIS ARTICLE AS "PLACEMENT AND
MAINTENANCE OF UTILITY AND COMMUNICATION SERVICE
FACILITIES IN VILLAGE RIGHTS-OF-WAY"; TO UPDATE AND ADD
CERTAIN DEFINITIONS IN COMPLIANCE WITH FEDERAL AND
FLORIDA LAW; TO RECOGNIZE WIRELESS COMMUNICATIONS
FACILITIES THAT MAY BE PLACED IN RIGHTS OF WAY AND
ACKNOWLEDGE THE "ADVANCED WIRELESS INFRASTRUCTURE
DEPLOYMENT ACT"; TO PROVIDE NEW AESTHETIC
REQUIREMENTS AND PROCEDURAL REQUIREMENTS FOR
PLACEMENT OF CERTAIN FACILITIES IN RIGHTS-OF-WAY; TO
RECOGNIZE PASS-THROUGH PROVIDERS AS SEPARATE AND
DISTINCT ENTITIES, AND TO PROVIDE FOR THE COLLECTION OF
PASS-THROUGH PROVIDER FEES IN ACCORDANCE WITH STATE
LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 63. SHALL REMAIN IN'FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 63. Right -of -Way Regulations, to update and add certain
definitions in compliance with federal and Florida law; to recognize wireless communications
facilities that may be placed in rights of way and acknowledge the "Advanced Wireless
Infrastructure Deployment Act"; to provide new aesthetic requirements and procedural
requirements for placement of certain facilities in rights-of-way; to recognize pass-through
providers, communications facility providers, and wireless infrastructure providers as separate
and distinct from communications service providers, and to provide for the collection of pass-
through provider fees in accordance with state law; and
WHEREAS, the Village Council of the Village of Tequesta believes that these
regulations will help protect residential property values, maintain aesthetics through residential
neighborhoods and generally insure that the residential character of these zones is not damaged
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by a proliferation of above ground telecommunications facilities and utilities in rights-of-way;
and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its right-of-way ordinance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 63. Right -of -Way Regulations. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article 11, to provide new requirements for placement
and maintenance of certain Utility facilities in rights-of-way; providing that Chapter 63 Article Il
shall hereafter read as follows:
ARTICLE H. PLACEMENT AND MAINTENANCE OF UTILITY AND
COMMUNICATION SERVICE FACILITIES IN VILLAGE RIGHTS-OF-WAY
Division 1. In General.
Sec. 63-25. Title.
Sec. 63-26. Purpose.
See. 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. 63-3 1. Transfer of registration.
Sec. 63-32. Existing communications facilities, wireless communications facilities and
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
praliferation and saturation of Village Public RightajQf-wa
Sec. 63-36. Florida Advanced Wireless Infrastructure Deployment Act.
Division 4. Administration and Enforcement.
Sec. 63-37 -3-3. Suspension of permits.
Sec. 63-38 -3-4. Appeals.
See. 63 35. Constmetion in the rights of way.
Sec. 63-39 -3-6. Insurance and indemnification.
Sec. 63-40. Performance Bond.
Sec. 63-41. Reservation of rights and remedies.
Sec. 63-42. Reports and records.
Sec. 63-43. Force Maj ure.
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Sec. 63-44. No liabili1y or warran1y,
Sec. 63-45. Pass-through provider fees and ch�ares,.
Sec. 63-46 -3-7. Penalties for violation.
Secs. 63-47 38 63-50. Reserved.
DMSION 1. In General.
See. 63-25. Title.
This Article shall be known as the "Placement and Maintenance of UtilibLmd
Communication Service Facilities in Village Rights-of-way" ordinance..
Sec. 63-26. Purpose.
The purpose of this Article is:
(a) To establish a competitively neutral policy for the use of the Villa e's Public RiQhts-of-
way by all Communications Services Providers, including Wireless Service Providers as
well as Communications Facilities Providers, Wireless Infrastructure Providers. and Pass -
Through Providers, for the Placement and Maintenance of Communications Facilities
including Wireless Communications Facilities, and the provision o f Communications
Services, including Wireless Communications Services and other Utilities, including -but
not limited to, those defined in Section 337.401. Florida Statutes, as same may be
amended from time to time pr-evisian of eemmimisations qR;;'4ees by oemmunkations
1, i d P, r-.-; A -ad A-ther- utilities; and
(b) To regulate the Placement and Maintenance of Communications Facilities, including
Wireless Communications Facilities p4aneemneeTn't—ef eammunie-ations 4agiliti and Utilities
in the Village's Public Rights-of-way pursuant to its governmental powers as set forth at
Chapter 166, Florida Statutes, as same may be amended from time to time, includipg the
encouraging of Co -location and Re -purposing existing Facilities and Structures F.S. eh.
4-6,6Land
(c) To prescribe reasonable rules fer sueh uses pursuant to Section 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 ma
be amended from time to ti F
ime and other federal and State law S. §§ 337.401 and -
364.0361, so as to minimize disruption of services in the Vill Public Rights-of-way,
regulate the use of the Village's Public Rights-of-way by all Communications Services
Providers, including Wireless Service Providers, as well as Communications Facilities
Providers, Wireless Infrastructure Providers, and Pass -Through Providers, and jaiggulate
the Placement and Maintenance of Communications Facilities, including Wireless
Communications Facilities, in the Village's Public Rights-of-way eeffffnunieafiens
videfs and other- t4ilities, and to regulate the eenstruetion, installation,
maintenaneei fe
pai., e.—val and r-eplaeefnent of f4eilifies in the publie right of way.
(d) The Placement and Maintenance of W ireless Communications Facilities on -private
propeM or properly owned, leased or controlled by the Villayeother than the Village's
Public Rights-of-way, is governed by Chapter 78, Art. IX. Division 5 of the Village's
zoning code:
Sec. 63-27. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
H
Abandonment or Abandoned means 180 or more consecutive days with the
absence of any active Communications Service Providers, including Wirele s Service
Providers, on a Communications Facilijy, including -a Wireless CommunicationLEacility.
Abandoned Communications Facilities shall be removed or cured as required by this
Article. This term shall not include cessation of all use of a Cornmunications-�cili y
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 Facilijy. Notwithgaading-the
foregoing example, if the Communications Facility is attached to an Existing Structure
that has an independent function, such as a Utility Pole or the like, said Abandonment of
the Communications Facility I
-rMuires removal of the Communications Faci
does not require the removal of the Existing Structure. The term shall also exclude the
temporM cessation of the provision of Communications Services where the Provider
intends to re-establish the provision -Qf Communications Services in the future. For
example, cable drops to homes that are deactiv ated based on copipgtitive 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,
ADA means the Americans with Disabilities Act, 42 U.S.C. Sec. 12 101 jet seg..as
same may be amended from time to time and regulations promulgated thereunder.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in providing Wireless Service.
Applicable Codes means uniform building, fire, electrical, plumbiny or
mechanical codes adopted by a recogLiized national code organization, or local
amendments to those codes enacted solelKjo address threats of destruction of properly o
injury to persons, or local codes or ordinances adopted to implement the Florida
Advanced Wireless Infrastructure Deployment Act as set forth at Sec. 337,40IL7
Florida Statutes, as same mAy be amended from time to time. The term includes
objective design standards that may rMuire a new Utilijy Pole that replaces an existing
Utility Pole to be of substantially similar design, material, and color of that mgy-Leguire
reasonable spacing requirements conceming the location of ground -mounted equipment.
The tenn includes objective design standards adopted by ordinance that may require a
Small Wireless Facilijy to meet reasonable location context, color, stealthand
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 particul .
location of a Small Wireless Facility or that the desigLi standards impose an excessive
expense. The waiver sh.all be granted or denied within 45 days after the date of the
Arterial Road means a roadway route providing service which is relatively
continuous and of relatively high traffic volume, long average trip lengLh, high operating
speed, and high mobili1y importance, and constitutes the largest proportion of total travel.
In addition, every United States numbered highway is an Arterial.Roadway.
AuthorLty Utilky Pole means a Utilijy Pole owned by the Village and located in
the Village's Public Right -of way. The tenn does not include a Village owned Utility
Pole in a right-of-way located within a retirement communi1y that.
Ua Is deed restricted as housing for older persons as defined in Sec.
760.29(4)(b), Florida Statutes, as same maK be amended from time to time;
and
(W Has more than 5,000 residents; and
Oc Has underground utilities for electric transmission or distribution.
Collector Road means a route providing service that is of relatively moderate
average traffic volume, moderately average trip length, and moderately average operating
speed. Such a route also collects and distributes traffic between local roads or arterial
roads and serves as a linkage between land access and mobility needs.
Co -location or Co -locate means to install, mount, maintain. modif . operate, or
y
replace one or more Communications Facilities on, under, within or adjacent to a pole o
other vertical above grade sLipport structure or Utiljjy Pole. The tenn does not include
the installation of a new Utilijy Pole, other pole, Wireless'Support Structure or other
above grade support structure in the Village's Public Rights-of-way. The term Co -
location also includes the gLound or Dlatform installation of equipment enclosures,
cabinets, or buildings, and cables, brackets, and any other equipment associated with the
location and operation of the Co -located CommunicafiQ��
Communications FacilLty or Facilities means any tangible thing located in a
Village Public Right-of-way that may be used to d.eliver or provide Communications
Services. The term includes Wireless Communications Facilities and Wireless Support
Structures. The term also includes ancillm equipment regardless of whether or not such
eguipment 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 pun2oses of this Article, the term Communications Facility shall not include
Utility Poles, and shall not include -aerial facilities located between Utilijy Poles with
associated pole attachments which do not provide Communications services is a faeilit�,
that may be used to pr-aN,ide eemmunieations as de-f-4-ifleed in F.S. § 337.401(6)(a)2,
as may be amended.
Communications Facility Pole means a pole -like structure either designed
primarily as a Communications Facility or used as a Communications Facili
Pole is not transfonried into a Communications Facilijy Pole by the Collocation or
Attachment of a Wireless Communications Facilijy (See "Utility Pole" definitipabdQ3XI
Communications FacUibLEmider means a Person other than a Communications
L_
Services Provider operating one or more Communications Facilities located within the
Village) who is engaged, directly or indirectly, in the business of leasing, licensing,
subleasing, subletting or hiring to one or more Communications Service Providers all or a
portion of the tangible personal property used in a Communications FaciLity, The term
includes Wireless Infrastructure Providers. A Paaa:Throu h be a
Provider mAy_
Communications Facilijy Provider.
-CommunicatiQns services means shall mean the transmission of data or o
infeEmation between or- afneng points speeified by E)r- thfaugh any eleetfenir. or ethe
fnedium as d-e-Ifin-ed- i-;-;- -F.S. § 202.11(2), as may be amended
voice, data, audio, video, or any other information or signals. including Video Services,,
to a point, or between or among points, by or through any electronic, radio, satellite,
cable, optical, microwave, or other medium or method now in existence or hereafter
devised, regardless of the protocol used for such transmission or conveyanos in
accordance with Section 202.11, Florida Statutes, as same may be amended from time to
time. The term includes Wireless Communications Services. The term includes such
transmission, conveyance, or routing in which computer processing applications are used
to act on the form, code, or protocol of the content for purposes of transmission,
conveyance, or routing without regard to whether such service is referred 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:
Oa Information services.
(b) Installation or maintenance of wiring or equipment on a customer's
Cq) The sale or rental of tangible personal pmperty.
(d) The sale of advertising, including, but not limited to,- directory adyglijaing.
Oe Bad check charges,
Late paymen
Billing and collection services.
Internet access service, electronic mail service, electronic bulletin board
service, or similar online computer services.
Communications Services Provider or- ppevider means shall fnean any Rerson eF
entit�, that provides eemawnioations sen,ieess including a municipality
providing Communications Services through the Placement or Maintenance of a
Communications Facilijy in Village Public Rights-of-way.
Communications Services Tax means the local communications services tax
authorized to be levied and collected by counties and municipalities upon chargers for
Communications Services, ursuant to Section 202.20, Florida Statutes, as sa
amended from time to time.
Distributed antenna Ustem. or DAS, is a network of spatially separated antenna
nodes connected to a common source via a transport medium that provides wireless
service within a-�a�hic area or structure. A DAS is a Communications Faqiljj�L
EligLible Facilities Request means a request to place a Wireless Communications
Facility in the Village's Public Rights-of-way tha_tin accordance with the definitions
contained in FCC regulations codified at 47 C.F.R. § 1.40001. does not sub5tantially
change the physical dimensions of the.Existing Structure and is regugging.
Oa Collocation of new transmission eguipment,
Removal of existing transmission equigmtnt, or
Op Replacement of existing transmission equipment.
Existing Structure means a structure within the Village's Public Right:� �f-wa �that
exists at the time an application for a permit to place a Communications FacilibLon the
preexisting structure is filed with the Village. The term includes any structure that:
(a) Can structurally support the attachment of a Communications Facilitp,-a
(b) Can be modified or repurposed to support the attachment of a
Communications Facilibt,--or
Up Can be removed and replaced with a structure of similar de�an�d
purpose as the original existing structure that supports the attachment of a
Communications Facili
Other facilities in compliance with applicable codes and laws.
Facility or Facilities means any tangible thing located in any Village Public
Right-of-way used to deliver Communications Services.
FCC means shall fneaft the Federal Communications Commission.
Florida licensed professional engLineer means an engineer licensed b=y the state of
Florida who is qualified to provide the information required by this ordinance, or in the
alternative, a full-time employee of an entijy regulated by the FCC or the Florida Public
Service Commission who is otherwise qualified to provide the information requirQd-by
this ordinance.
Information service means 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:j
hosting service, and end-user 900 number service. The term does not include Video
Service.
Local Road means a route providing service that is of relatively lgmLgyerage
traffic volume, short average trip lengh or minimal through -traffic movements, and high
land access for abutting propeLty.
Micro Wireless FacilLty means a Small Wireless Facility that provides wireless
service that is gQLlar
ger in dimension than 24 inches in lenZh width 12
15 inches in
inches in height, that has an exterior antenna, if any, np longer than I I inches.
Order means:
Oa The following Orders and Rules of the FCC issued in FCC Docket No. 94-
102:
Q1 Order adopted June 12 1996, with an effective date of October 1,
1996, the amendments to s.20.03 and the creation of 47 CYR �
20.03 and the creation of 47 CFR § 2018, adopted by the FCC
pursuant to such Order;
Qii Memorandum and Order No. 97-402, adopted December 23,.1997,
UW Order No. FCC DA 98-2323, ad pted November 13 �1998-
Civ) Order No. FCC 98-345, adopted December
Lv) Order No. FCC 14-153 adopted October 17, 2014.
fW Orders and Rules subsequently adopted by the FCC relating -Lo the
provision of 911 services, including but not limited to, Order No. FCC 05-
116, adopted May 19, 2005.
Oc Order No. FCC 18-133 adopted September 26, 2018.
Pass-through provider means any person who, upon registering with the Village,
Places or Maintains a Communications Facility in the Village's Public Rights -of
::�andd
that does not remit communications service taxes as imposed by the Village pursuant to
Chapter 202, Florida Statutes, as same�a be amended from time to time.
Permit means the Public Right-of-way p�rmit that must be obtained before a
Person may construct in the Village's Public Right-of-wgy. For purposes of the Florida
Advanced Wireless Infrastructure Deployment Act as set forth at Sec. U7.401 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.
Person means any natural person or corporate, business association or other
business entity including, but not limited to, a partnership, a sole proprjgjQr5hjg,-A
political subdivision, a public or private agency of any kind, a Utility, a successor or
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assign of any of the foregoing, or any other legal entity. ineludes indi'viduals, ehil
fiduoiaries, eer-pemtiens, and all other groups or combinations.
Place or Maintain or Placement or Maintenance or Placing or Maintaining mean�
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 Maintainin " the
Communications Facility through which such service is provided. The transmission and
receipt of radio freguency 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 Publig�--�hts�-of-
way for pumoses of this definition.
Public fiights-o
f -way or Rights-of-way means shall fnean a Public Right-of-way,
public Utility easement, highway, street or alley owned by the Village, dedicated to the
Village or to the public, or for which the Village holds a property interest and exercises
rights of management or control. This term shall include the surface, the air space over
the surface and the area below the surface of all public roads, streets, highways, alleys,
boulevards, bridges, tunnels, public Utility easements, and all public grounds. This term
shall not include any real or personal Village property except as described above and
shall not include Village buildings, fixtures, poles, conduits, Facilities or other structures
or improvements, regardless of whether they are situated in the Public Rights -of --way.
Registrant means shall fnean a Person eempany that has Registered with the
Village in accordance with the provisions of this Article.
Registration and Re ter shaR means the process described in section 63-28
A gis
herein below whereby a Communications Services Provider, Wireless Services Provider
Communications Facility Provider, Wireless Infrastructure Provider, or PaaajThrou �
�h
Provider roommunirrati Ir-ovide.r- provides certain information to the Village.
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Repurposed Structure means -an Existing Structure that has been
reconfigured, or replaced with a similar structure so as to continue serving its primajy
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 with Applicable Codes. Unless stated otherwise all
requirements imposed on Communications Facilities, Wireless Communications
Facilities or Wireless Infrastructure shall also apply to Repurposed Structures. To
"Repurpose an4 Existing Structure" shall mean the act of renovating, reconfiguring or
replacing an Existing Structure as described above. The Communications Service
Provider, Wireless Services Provider, Communications Facilijy Provider Wireless
Infrastructure Provider or Paaa:T�hrou �h Provider attaghing, its Communications Facilities
to the Repurposed Structure shall be responsible for Rggi�stration and Permitting
requirements of this Article for such Communications Facility, Wireless Communications
Faculty or Infrastructure only, not. for the Repurposed Structure itself. A provider who
removes all Communications Facilities from a Repu�d �Structure that has A-grLmary
use other thaaAQ support Communication Facilities, e.g. light pole, may bg� uir�ed
replace the Repurposed Structure with a facility like that which existed prior to any
repurposing at the discretion of the Village,
Small Wireless FacilioLmeans a Wireless Communications Facility that meets the
following qualifications:
(a) Each antenna associated with the facilibLia located inside an enclosure of
no more than 6 cubic feet in volume or, in -the case of antennas that have
exposed elements, each antenna and all of its expQsed elements could fit
within an enclosure of no more than 6 cubic feet in volume -and
(b) All other wireless equipment associated with the facility is cumulatively
no more than 28 cubic feet in volume. The followingAypes of associated
ancillM equipment are not included in the calculation of g��mgMt
volume: electric meters, concealment elements, telecommunications
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demarcation boxes, graund-based enclosures, grounding ���me�nt
power transfer switches, cutoff switches, vertical cable runs for the
connection of pQwer and other services, and Utilijy Poles or other sLipport
structures.
Stealth Design means a method of camouflaging any Communications EggjUjy,
Wireless Communications Facility, etc., including, but not limited to, auppprting
electrical or mechanical equipment, which is designed to enhance compatibility with
adjacent land uses and be as visually unobtrusive as possible. Stealth Dgj�mUa
include, but is not limited to, use of vegetation, a Repuj:posed Structure, or a Wrap.
Utility or utilities means sh-Al to any electric transmission, telephone,
telegraph, or other communications services lines or Wireless Communications Facilities,
po le lines, poles; railways, ditches, sewers, water, heat or gas mains, pipelines, fences,
gasoline tanks and pumps, or any other structures, pipes, lines or facilities that providers
place in the Village's Public Rights-of-way and which are referred to in the Village's
Code or state law as "utilities." -As d--R:-F4-:-R- A- d- i n F. S. § 3 3 7.4 0 1 (1), as may be afflende .
Utility Pole means a pole or similar structure that is used in whole or in pad_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 Villagg-Wants a waiver for
such pole. A Utility Pole is not transformed into a Communications FacilijY pole by th
Collocation or Attachment of a Wireless Communications Facili
Video service means the transmission of video, audio, or other programming
service to a purchaser, and the purchaser interaction, if any, required for the selection or
use of a programming service, regardless of whether the progjamming is transmitted over
facilities owned or or)erated bv the video service Drovider 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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Village means shall mean Village of Tecluesta, Florida.
Village EnZi
Lneer means a Profes.sional Engineer, licensed to practice in the State
of Florida, employed by the Village and designated by the Village as the Villa e
Engineer and is hereby vested with the-authoriV to administer this Article. The term
Village Engineer shall also include his or her desiRnee.
YillaZe Manager means the administrative head of the Village, as provided in the
Village Charter. The term Village Manager also includes his or her desigLiee.
Wireless Communications FacilLty means equipment at a fixed location which
enables wireless communications between user eguipment and a communications
network, including radio transceivers, Antennas, wires, coaxial or fiberloptic cable or
other cables, regular and backup power sLipplies, and comparable eguipment, regardless
of technological configuration, and eggipment associated with wireless communications.
The term also includes ancillary equipment regardless of whether or not such equipment
is included in the calculation of eguipment volume. The term does not include:
Oa The structure or improvements on, under, within or adjacent to the
structure on which the equipment is co -located, or
Wireline backhaul facilities- -or
Oc Coaxial or fiber-optic cable that is between Wireless Support Structures
or Utilijy Poles or that is otherwise not immediately adjacent to oLdirectly
associated with a particular Antenna.
Distributed Antenna Systems are a type of Wireless Communications FagLility,
Wireless Infi-astructure Provider means a Person who has been certified to
provide Communications Services in the State and builds or installs Wireless
Communications Facilities or Wireless Support Structures, but who is not a Wireless
Service Provider.
Wireless Services means any services provided using licensed or unlicensed
spectrum, whether at a fixed location or mobile, using wireless facilities. The term does
not include dispatch service in a more localized, non -cellular configuration, data only
service, one-way or stored -voice services on an interconnected basis; a
services; or public coast stations.
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Wireless Services Provider means a Person who provides wireless services. A
Wireless Service Provider iaA type of Communications Services Provider.
Wireless Sy re such as a monQgQle a
pport Structure means a freestanding structu.
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,
Utili1y Poles.
W a atio%
E -p means an aesthetic covering depicting scenic imagery such as y���
which blends with the surrounding area. Imagery in a wrap may not contain gM
advertising.
Division 2. Registration
Sec. 63-28. Registration for Placing or Maintaining Communications Facilities, etc., or
Utilities, in the Village's Public Righta-of-way.
(a) A Communications Services Provider, Wireless Services Provider, Communications
Facility Provider, Wireless Infrastructure Provider, Pass -Through Provider or Utility
provider that desires to efeet, eenstfuet, install, maintain, p! --- � .-I,- . , -x4end, eKpand-,
r-emeve, leeate or- feleea Place or Maintain a permanent or temporary Communications
Facility, Wireless Communications Facilfty or Utility in, on, under, over or across the
Villave's Public Rights-of-way in the village shall first Register with the Village in
accordance with this Article.
(b) Subject to the terms and conditions contained in this article, a Registrant may Place or
Maintain ereet, eenstmet, install, plaroe, repair-, maintain, eNpand, remove, leeate or-
r-eleeate a permanent or temporary Communications Facility. Wireless Communications
Facilfty or Utility in, on, over, under, or across the blic RightLs-of-way.
Sec. 63-29. Nature of registration.
A registration shall not convey title, equitable or legal, in the g�Ls Public Rights-of-
way. Registration under this Article governs the occupation of the Village's Public Rights-of-
way only. Registration does not excuse a Communications Services Provider, Wireless Services
Provider, Communications Facility Provider, Wireless Infrastructure Provider, Pass:.T�hrou �h
Provider or Utility provider from obtaining appropriate access or pole attachment agreements
15
before locating its facilities �in, on, over, underor across the Village's Public Rights-of-way, or
on the Village's or another Person's facilities. Registration does not excuse any provider from
complying with all applicable Village Codes or-dinanees, including this Article.
Sec. 63-30. Registration; effectiveness of registration.
(a) Registration. Any Communications Services Provider Wireless Services Pr
ovider
Communications Facility Provider, Wireless Infrastructure Provider, P
Provider or other Utility Provider desiring to use the Village's Public Rights-of-way shall
first Register with the Village. Registration file a —istration fen:n with the village whieh
shall include the following information:
(1) Name of the applicant; and
(2) Name, address and telephone number of the applicant's primary contact person in
connection with the registration; and
(3) Evidence of the insurance coverage required under this Article and
acknowledgment of the indernnity and other provisions of this Article; which
acknowledgment shall fket be considered an agreement to the provisions; and
(4) If the applicant is a--�oration or a limited liabilijy company, a certificate of
authorization to conduct business in Florida as issued by the Department of State,
and
(5) The number of the applicant's certificate or certificates of authorization, if any, to
provide communications services or any other type of services issued by the
Florida Public Services Commission, the Federal Communications Commission
the Department of State, or other applicable governing boards or commissions. A
Registrant proposing to Place or Maintain a Wireless Communicationa-�cili
operating on a spectrum licensed by the FCC shall supply the file number of the
FCC license authorizing such wireless service.
(b) Review by Killage. The Village will review the information submitted by the
applieant. If the applieant submits all information in accordance with
subsection -63-30(a) above, the Registration shall be effective and the Village shall notify
the applieant of the effectiveness of the Registration in writing. If the Village
determines that the information has not been submitted in accordance with the above -
16
referenced subsection, the Village shall notify the applioant in writing of the
non -effectiveness of the Registration. The Village shall so reply to the Registrant an
applioa-a within 30 days after receipt of the Registration information from the
applie . The Registrant shall have one (1) thirty (aOI-day-period after rectipt of such
notice within which to cure the deficiency -via re -submittal. The re -submittal shall be
reviewed bv the Village which shall notify the Registrant of the effectiveness of
Registration in writing. If the Village determines again that the information has not been
submitted in accordance with Village Code Section 63-30(a) herein, the Vill
notify the Registrant of the final non -effectiveness of the Registration. The Village shall
so reply to a Registrant within thirty (30) days after receipt of the re -submittal. A
Registrant has thirty (30) days after receipt of a final notice of non -effectiveness of
Registration to gppeal the decision as provided in Village Code Section 63-37. Final non -
effectiveness of Registration shall not preclude a Registrant from filing subsequent
applications for Registration under the -provisions of this Article.
(c) Cancellation of Registration. A Registrant may cancel a Registration upon written notice
to the Village that it will no longer Place, Maintain or own any Communications Facility.,
Wireless Communications Facilijy or Utility in the Village's Public Rights-of-way of the
village and will no longer need to obtain pu4 permits to perform work in the Village's
Public Rights-of-way. A Registrant cannot cancel a Registration if the Registrant
continues to Place, Maintain or own any Communications Facility, Wireless
Communications Facility or Utility in the blic RightLs-of-way.
(d) No priority in Registration. Registration does not establish any priority for the use of the
,_e's Public RightLs-of-way; however an effective Registration is required prior to the
issuance of a permit to work in the Village's Public Rights-of-way. The fact that a
Communications Services Provider, Wireless Services Provider, Communications
Facility Provider, Wireless Infrastructure Provider, Pass -Through Provider or Utility
provider is registered shall not establish any right or priority for the use of the
Public Rights-of-way. .
(e) Renewal and U e
pdate of Registration. A Registrant shall renew its R gistration with the
Village by October I of each even numbered year in accordance with the Registration
requirements in this Article. Additionally, ithin 30 days of any change in the
17
information required to be submitted pursiiant to subsection 63-30(a) above, a Registrant
shall provide updated information to the Village. If no information in the then -existing
Registration has changed, the renewal may state that no information has changed.
Registrations are expressly subject to any future amendment to or replacement of this
Article and further subject to any additional Village ordinances, as well as any state or
federal laws that may be enacted during the term of the Registration. If a Registrant fails
to renew its Re2istration. the sole consequence shall be that the Village may restrict the
Regi provider- from obtaining permits under subsection (f) below until the
AAMM]mionti Hs
�___e sen4ees of Utilit�, pr-evider- has complied with the
Registration requirements of this Article.
(f) Permits. Unless otherwise exempt from permitting elsewhere in this Article or by
applicable law, a Permit is hereby required of a Communications Services Provider,.
Wireless Services Provider, Communications Facility Provider, Wireless Infrastructure
Provider, Pass -Through Provider or Utility provider that desires to Place or Maintain
or-eet, eeastFaet, install, maintain, plaeo, repair-, eK4efid, e"and, remove, leeate er- r-elee
a permanent or temporary Communications Facility. Wireless Faality or Utility in any
Village Public Right-of-way. An effective Registration shall be a condition of obtaining a
Permit. An effective Registration does not mean that applicable permitting requirements
shall not apply or that such requirements have been or will be deemed to have been
satisfied. PeEmit fees, if any, shall be paid upon the submission- of an applioation
same; the -am-le-iffint of Surah permit fee, if any, shall be set by r-eselutio-n- of the. 441111a�p
e0uneil.
Sec. 63-31. Transfer of registration.
If a the Registrant transfers or assigns its assets located in the Village's Public R
-ights-of-
way, the buyer r-egistf ii-n-reide--ii-L to a sale or- other transfef of the mgistfa-PA's assets leeated
within the village, the tfansfer-ee or assignee shall be obligated to comply with the terms of this
Article. Written notice of any such transfer or assignment shall be provided to the Village within
f6fty-five (45) days of the effective date of the closing of the -Ass of thee. effective date of such
transfer or assignment. If the buyer or assignee is not a current Registrant, then tht buyer or
assignee must Register and may do so in such written notice by including the information
18
reciuired under Village Code Section 63-30(a) herein. including anv changed evidence of
insi-ranc
, M* M . M.- ....... . .......
...............
I
LYNXIVII.-al�t-;
Sec. 63-32. Existing Communications Facilities, Wireless Communications Facilities and
Utilities in the Village's Public Rights-of-way.
Communications Facilities, Wireless Communications Facilities or Utilities which have
been constructed or placed in the Village's Public RightLs-of-way prior to the effective date of
this Article, or any applicable amendment thereto: may remain in the Village's Public Rights-of-
way so long as the responsible provide the provider complies with the Registration provisions
of this Article. Providers with existing Communications Facilities, Wireless Communications
Facilities or Utilities have one hundred ei tv 180) days from the effective date of this Article to
— A — sh --( � = �
comply with the terms of this Article, or be found in violation thereof.
See. 63-33 - InvoluntaLry termination of Registration.
Oa Termination 'events. The Village Manager may terminate a Registration if -
(D A federal or state authori1y suspends, denies, revokes a registrant's certification or
license reguired to provide Communications Senrices.;
M The Registrant's Placement or Maintenance of a Communications Facility
including Wireless Communications Facilities and Wireless Si1pport Structures in
the Village's Public Rights-of-way presents an extraordinga danger to the general
public or other users of the Village's Public Rights-of-way and the registrant fails
to remedy the danger promptly after receipt of written notic
The-Registrint violatesz Section .-843.025, Florida Statutes as same may -be--
amended from time to time-
f4l The R
g-gistrant violates Section 843.165, Florida Statutes as same may -be
amended from time to time --
fn The Regj�Lrant Abandons all of its Communications Facilities, including Wireless
Communications Facilities and Wireless Sqpport Structures in the Village's
19
Public Rights-of-way without complying with the Abandonment provisions of
this Adicle.;
ffi The R
&gLstrant commits substantive and material repetitive violations of an o
the provisions of this Article.
N Notice of intent to terminate. Prior to termination, the Registrant shall be notified by the
Village Manager, with a written notice setting forth all matters pertinent to the�os�ed
termination action, including the gpplicable subsections (a)(1) through (a)(6Labove, and
the reason(s) therefore, and describing the propQsed action of the Village with respec.
thereto. The Registrant shall have fifteen (15) days after receipt of such notice to address
ar eliminate the reason or to present a plan, satisfactory to the Village Manager to
accomplish the same. If the plan is rejected by the Village Manager, the Village Manager
shall provide written notice within seven (7) days of such rejection, includi
determination as to termination of the Registration and the terms and conditioas relative
thereto. The Village Mana%���ion shall be deemed to be final agency action and
the exhaustion of all local administrative remedies. Any Person aggrieved -by any
decision of the Village Manager regarding termination of a Registration shall be entitled
to pursue any remedy available at law or
Lcl Post -Termination Action. In the event of termination, the former Registrant shall -Cl) -in
accordance with the -provisions of this Article and as may otherwise be provided under
state law notify the Village of the assumption or anticipated assumption by another
Registrant of ownership of the Registrant's Communications Facilities, including
Wireless Communications Facilities and Wireless Suppoit Structures in the Village's
Public Rights-of-way; or (2) provide the Village with an acceptable plan for disposition
of its Communications Facilities, including Wireless Communications Facilities and
Wireless Support Structures in the Village's Public Rights-of-way. If a Registrant fails to
comply with this subsection (c), which determination of noncompliance jL3uhje�
aDpeal as provided in this Article, the Villa2e mav exercise anv remedies or riahts it has
at law or in equiM including, but not limited to requiring the Registrant withinningt
y
(90) days of the termination, or such longer period as may be agreed to by the registrant
and Village Manager, to remove some or all of the Communications FacilitiesJududin
Wireless Communications Facilities and Wireless Support Structures from the Village's
20
Public Rights-of-way and take such steps as are necessaa to render return the Village's
Public Rights-of-LALay to their original condition before the initial Placement of the
Communications Facilities, including Wireless Communications Facilities and Wireless
Support Structures.
Od Terminated Rggj��� all render safe Communications Facilities remaining in the
Village's Public Rights-of-way. In pLny event, a terminated RegListrant shall take such
steps as are necessga to render safe evejy portion of the Communications Facilities,
including Wireless Communications Facilities and Wireless Support Structures replaining
in the Village's Public Rights-of-way.
Oe When removal not authorized. In the event of termination of a Registration, this section
does not authorize the Villag� e the removal of facilities used to provide another
-�cauw
service for which the registrant or another Person who own's or exercises physical control
over the facilities holds a valid certification or license with the governing federal or state
agency, if required, for provision of such service, and is registered with the
DIVISION 3. PermittiM,
See. 63-34 - Permit requirements and conditions.
Oa ParmiL—Rmired A Registrant shall not commence to Place or Maintain a
Communications Facili1y, Wireless Communications Facility, Wireleaj--Support
Structure. Utility, or other Facility in a Village Public Right-of-way until all applicable
permits, if aLiy, 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. 33Z.40IL7
Florida Statutes, as same --ma
y be amended from time to time. The & �strant
acknowledges that as a condition of granting such Permits, the Village may impose
reasonable conditions QoverninLy the Placement or Maintenance of a Communications
Facilijy. Wireless Communications Facilijy, Wireless Support Structure, Utilijy, or other
Facility in the Village's Public Rights-of-way related to the public, health, s
welfare as pgnnitted and set forth in Section 337.40=1.,.Florida Statutes as same may be
amended from time to time; however, no such imposed conditions shall prohibit or
21
otherwise adversely irnpg�t �the �rovision of Communications Services or 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 Facili1y, Wireless
Communications FacilijL Wireless Support Structure, UtiliM or other Facilily to 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 whemimposing
reasonable Permit conditions Permits for Wireless Infrastructure Providers to Place or
C -
Maintain Utility Poles in the Village's Public Rights-of-way to s=ort the Co -location of
Small Wireless Facilities, and Permits to Co -locate Small Wireless Facilities shall be
governed by subsections (b)(I 4), (15) and (16) below :
W Sufficiency of space to accommodate present and pending applications for use of
the Village's Public Rights-of-way. The sufficiency of Mace to accommodate all
of the present and pending applications to Place Communications jagifilip&
Wireless Communications Facilities, Wireless Support Structures,
other Facilities and pending or planned applications to Place and Maintain
Facilities in that area of the Village's Public Rights-of-way, which may-rNuire
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
M 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 improvemen"lan that the Village
detennines in the best interest of the public, which may rgq=uire 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
M Impact on traffic and public safety. The impact on traffic and traffic safe1y,
including but not limited to the safe operation of traffic control g��me�nt
pedestrian traffic and general public safe1y concerns, as well as compliance with
applicable ADA requirements; and
22
(4) Impact on existing facilities. The impact upon existing Facilities in th
Public Rights-of-waL which may require that meters, other ground-equi ment
g_
and similar and associated Facilities be located on or directly adjacent tQ the -pole
or support structure upon which an Antenna is lo—cated- and
Distance separation from ed
ge qfpavement. No new Communications Facilitt—es
Wireless Communications Facilities, Wireless Support Structures, Utilitiesor
other Facilities shall be Placed of 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 Desilm 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-authorijy to reduce my offset where
that offset cannot be reasonably obtained, and other alternatives are deemed
impractical. Addit ionally, the Village shall have the authority to decide
reductions in the clear zone in accordance with the above referenced manual
which mgy require that meters, other ground eguipment and similar and
associated Facilities be located on or directly adjacent to the pole QL-aupport
structure upon which an Antenna is located;- and
(6) Distance separationfiwm sidewalk. No new Communications Facilities Wireless
Communications Facilities, Wireless Support Structures, utilities, or other
Facilities shall be Placed or Maintained in the Village's Public Rights--of-way
within one (1) foot of a sidewalk that is five (5) feet or less in width, mLhich may
require that meters, other ground equipment and similar and associated Facilities
be located on or directly adjacent to the pole or support structure upan which an
Antenna is located; and
daa of Village's Public Rights-_of-wa . The
fnInstallation at outermost boun y—
Placement of new Communications FacilLities,---Wireless Communications
Facilities, Wireless Support Structures, utilities, or other Facilities is encourage
to be at or near the outermost boundga of the Village's Public Right-of--wa and
y�
at the farthest distance practicable from the centerline thereof and
pavement. To the extent that the location of the sidewalk within the VLllag
,e's
Public Rights-of-way precludes compliance with other requirements of this
23
Article, then the Village or the Registrant may propose, and the registrant may
include in the Permit application, a re-routing of the sidgwalk at the rggiaomfa
own expense, in order to meet other requirement of this Article. Comr)liance 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.
08 Compliance with other codes. All work regulated by this Article shall comply
with the Florida Department of Transportation Utilijy Accommodation Manual, as
same may be amended from tim& to time. In addition, such work sh
with Chapter 333, Florida Statutes, as applicable, and federal g� �Iatio�ns
pertaining to airport airspace protections.
02) Permit Applications. Permit applications to Place or Maintain a Communications Facility.
Wireless Communications FaciliM Wireless Support Structure, UtilitL or othgLEacilAiy
in the Village's Public Rights-of-wgy shall contain the following information; however,
Permit applications for Wireless Infrastructure Providers to Place or Maintain tility
Poles in the Village's Public Rights-of-wgy to support the Co -location of Small Wireless
Facilities are govemed by the requirements of subsection (14) herein belowand Pennit
plications for the Co -location of Small Wireless Facilities only are govemod �bthg
requirements of subsections (15) and (16) herein below:
fD Site plan. A site plan that show the location of the prQpased 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:
Qi a dog� 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.
oii for new Communications FadtiWftles or Wireless Support Struc_tures the
number of Co -locations the new poles or structures -can sLipport in terms of
capacity; and
24
(iii) a statement signed and sealed by a Florida licensed
engineer
attesting that the new Communications Facilily Pole or Wireless �Suont
Structure is designed to meet Florida -Building Code Chapter 16 "Structural
DesigLi Requirements" specifically with respect to wind loading criteria for
high velocity hurricane zones.
Description of installation or construction.
(:1) A description of the manner in which the Facilijy will be installed and/or
modified (i.e. anticipated construction methods or techni gmeas.
fiai A desajpjj�n of Stealth Design to be utilized, see Village Code Section 63-
3 5 (b.
fiW Alternatively, a__�ed and sealed statement from a Florida licensed
rofessional en2ineer that Stealth Desi2n cannot be utilized on anv 1)articular
Facility and providing documentation demonstrating to the satisfaction of the
Village that the proposed Facility cannot employ Stealth D�I�n and the
proposed exterior location and configuration of equipment pmosed are the
minimum equipment necessga to achieve the needed function.
Temporary sidewalk closure plan. A temporaa sidewalk closurQ-planif
gppropriate, signed and sealed by- a Florida licensed professional engineer, given
the Facility proposed, to accommodate Placement or Maintenance of the
Communications Fgcility, Wireless Communications Facility. Wireless Support
Structure, UtilijL or other Facilijy.
(41 Temporaa modification of traTic 0 traffic lane closure
(AL -T) plan. A tempQranL_
and management of traffic (L40T) plan, if appropriate, signed and
Florida licensed professional engineer, given the Facilijy proposedto
accommodate installation and/or modification of the Communications Facility
Wireless Communications FaciliM Wireless Support Structure, Utility, or other
M Capacity of abutting Village Public Rights-of-way—Lo accommodate the
cumulative impact of the proposed Facilitv and other Facilities within the
VillaZe's Public Rights-of-way. Information that the proposed Facility will not
materially interfere with other existing and proposed Facilities, including below
25
grade, at-Uade 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 other Personsl
RestoLation plan and cost of restoration of the Village's Public Right -of -w
Given the Facility proposed, a restoration plan and an estimate of the cost of
restoration of the Village's Public Rights-of-wU.
(D Timetahhe_Lor construction or installation and intended areas of service. The
timetable for Placement or Maintenance of the proposed Facility or each phase o
the Placement or Maintenance the_reofand the intended areas of the Vil
served by the' Communications FwiIjIL Wireless Communications -EagLility,
Wireless Support Structure, UtilijL or other EagLilAiy.
Certification as to removal of Abandoned Facilities. The applicant shall certify
that anv and all of its Abandoned Facilities within the Village's Public Rights-of-
way has or have been removed, indicating the prior location of such Abandoned
Facilities. I
Information regonding distance separation. In order to assess the impacts on the
Village's Public Rights-of-way resources and the potential for Co -locations or use
of Repurposed Structures, identification of all Communications Facility Poles and
Wireless Support Structures in the Village's Public Rights-of-way within a three
hundred fifty (3501 foot radius -of the proposed new Communicationi-��
Wireless Communications Facilijy. Wireless Support Structure, Util:iiy_ 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 �Publ�ic
Rights-of-way). Pursuant to the Advanced Wireless Infrastructure Dgployment
Act set forth at Sec. 337.!U(Z),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.
CUO Identification of all above -grade structures within the Village's Public Rights -q
L
way within a three hundred fifty (350) foot radius. In order to assess the impacts
on the Village's Public Rights -of -w ay resources, the impact on properties within
the Permit area, and the potential for Co -locations or use of Existing Structures,
26
identification of all above -grade structures in the Village's Public Right-of-way
within a three hundred fifty (350) foot radius of the prQposed new
Communications Facilijy, Wireless Communicallons Facility, Wirel���Su �Ort
Structure, UtilijL or other Facility (such infon-nation may be produced without
certification as to correctness to the extent obtained from other Registrants with
Facilities in the Village's Public Rights -of --way),
(11) Affidavits.
Qi An -anplication for a Permit to install a new Communications
Wireless Communications Facilijy, Wireless SUpport Structure, Ulilily,-ar
other Facilijy shall include an affidavit from a Florida licensed -professional
engineer setting forth all the facts relied upon in the gpplicant's attempt_to
both Co -locate or Attach the proposed new Communications -Eacility
Wireless Communications Facilijy. Wireless Support Structure, Utility, or
other Facility on an Existing_ Structure within the Village's Public Rights-of-
way� as well as on propeM outside the Village's Public Rights-of-way within
a three hundred fi fty (350) foot radius of the proposed new Facilijy.
Dii An application for Co -location shall include an affidavit from the owner of the
Facility or Existing Structure being Co -located upon th at the applicant has
been granted pumission to attach to the Facility or Existing Structure being
Co -located upon.
fU2 Regj�ytrant aVeev to indemnification. A statement shall be included within the
application for a Pennit that by execution of the application and by applying for
the Pennit, the Registrant agrees to be bound to the Village with respect to the
indemnification provisions set forth in Village Code Section 63-39 herein as
though such indenmification provisions are set forth verbatim in the Permit
application.
L U3 Additional information as reasonabl
y required for review of PermLapplication.
Such additional information as the Villagg finds reasonably neceaagnLwith
reVect to the Placement or Maintenance 'of the Communication
Wireless Communications FaciliM Wireless Support Structure, Utility, or other
Facility that is the subject of the pennit application to review such Permit
27
application, which information -may include, but is not -necessarily limited to
evidence satisfactogy 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 prgxjmjbL_Lo
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 rggulations
governing Communications Services including but not limited to the emplgency
alert system when Applicable, emissions standards, and non-interference with
public safqjy communications.
(U4 Permits to Place or Maintain Wireless Infrastructure only. A Wireless
Infrastructure Provider may apply for a Permit to Place or Maintain UtUjbLPajgs
in the Village's Public Rights-of-wgy to sLipport 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 SLipport
Structure and will bg�__�d b�a Wireless Services Provider to provide Wireless
Service within nine (9) months after the date the Permit application i�j_�rov�ed
by the Village. All such applications shall be processed according to applicable
timeframes and Applicable Codes.
(U5 Small Wireless FaciLlitv Co -location Permit anplication consolidation. Pursuant
to the Advanced Wireless Infrastructure Dolo ment Act set forth at Sec.
)L-
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 Villa e may
g---- ,
at the applicant's discretion, file a consolidated application for a singlg-perrnit for
the Co -location of. up to 30 Small Wireless Facilities. Within any such
consolidated application, the Village ma, ess Co -locations for
X. separately addr
which incomplete information has been provided, or which are denied.
CL61 Permits to Co -locate Small Wireless Facilities on.1y. Notwithstanding the
foregoing Permit gpplication requirements contained in this subsection,
to the "Advanced Wireless Infrastructure Deployment Acf 'as codified at Florida
Statutes Sec. 337.401(7) and as specified in Sec. 337.401(7)(c), Permit
Lapplications to Co -locate Small Wireless Facilities are only required to contain
28
infonnation sufficient to demonstrate that the re -quested Co -location lies
with Applicable Codes in the locations specified in the amlication. TheV�illa e�
may deny an application to Co -locate Small Wireless Facilities only if the
proposed Co -location:
Qi MatedgUy-iaterferes with thg� fe o �eration of traffic control equipment.
Oii MajujaUK—iMerferes with sight lines or clear zones for transportation
pedestrians, or public safety purposes.
MaWriaUy-iMerferes with compliance ith the Americans with Disabilities
Act or similar federal or state standards regarding pedestrian access or
movement.
(ilv) Materially fails to comply with the 2010 edition of the Florida Doartment of
Transportation Utilijy Accommodation Manual.
Ov Fails to comply wLth Applicable Codes.
OcPermit does not create a propeM ria_ht,- proWam areas where overhead utilities are
being placed underg_round. A Permit from the Village . constitutes authorization to
undertake only certain activities in the Village's Public Rights-of-way in accordance with
this Article, and does not create a propeM right or grant authorijy to impinggj-�n fte
rights of others who may have an interest in the Village's Public Rights-of-way, nor does
it create a propeily right to maintain a Communica tions -Eacility, Wireless
Communications Facili1y, Wireless Sgpport Structure, Utilfty, or other Facility where
overhead Facilities are being placed underground pursuant to a Village program to
underground such overhead Facilities.
Ld
I Avoidance of unreasonable interference with Village Public Rig_h s -o -way.
L—f —
LU 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, oth
equipment and similar and associated Facilities be located on or directly t
-�acen�
to the pole or support structure UDon which an Antenna is located.
Trenchless technology and joint trenchine, The use of trenchless technology i.e.
directional bore method) for the installation of Facilities in the Village's Public
29
Rights-of-way as well as joint trenching for the Placement of Facilities in&xjsjju
conduit is strongly encouraged and should be employed wherever feasible.
oe Avoidance of inter
Lerence, displacemenLdama e or destruction, or destruction ther
Z— --qLo
facilities. A Registrant shall not Place or Maintain its Communications F_acilities
Wireless Support Structures, Utilities, or other Facilities so as to interfere wiLhdis ace
damage or destroy any Facilities, including but not limited to sewers, gas or water mains
storm drains, storin drainage lines. PiDeS, cables or conduits of the Village aLguy other
Person's Facilities lawfully occupying the Village's Public Rights-pf-way,
(D Coordination with other work in Village Public Rights-of-way, Upon request of th
Village, and as notified by the Village of other work, construction, installation Qrroairs
referenced below, a Registrant may be required to coordinate Placement or Maintenance
activities under a Permit with aLly other work, construction, installation or repairs that
may be occurring or scheduled to occur within a reasonable timeframe in !he sul� ct
Le
Village Public Right-of-wgy, 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 Communications Facilities, Wireless S=port Structures, Utilities, or other
Facilities. -
Temporary raising and lowering of Facilities as accommodation. Subject to applicable
law, a Registrant shall, on the request of any Person holding a Permit issued -by the
Village, temporarily support, protect, raise or lower its Communications Facilities,
Wireless Sup�ort 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-tg�ora�
support, protection, raising or lowering of Facilities shall be paid by the Person
requesting the same, and the Registrant. shall have the authorijy to reguire such payment
in advance. The Registrant shall be gLyen not less than thiLty (30) dgys advance written
notice to arrange for such temporary relocation. If the Village reguests the temporary
support, protection, raising or lowering of a Facilijy for a public purpose, the Villag
shall not be charged for the temporaa sgApport. protection. raising or lower ng of the
Facility unless as otherwise provided by Section 337.403 or Section 337.404,: -Florida
Statutes.
CTI
(h) Restoration of Village Public Rights-of-way. After the completion of aLiy work involving
Communications Facilities, Wireless Support Structures, Utilitie_sor other Facilities in a
Village Public Right-of-way or each phase thereof, a Registrant shall, at its ow
restore the Village Public Right-of-way to its existing conditioaarior to such work. If the
Registrant fails to make such restoration within thirty (30) days, or such longeLperiod of
time as may be reasonably required under the circumstances, following the co=letion of
such Placement or Maintenance work, the Village may perform restoration and charge
the costs of the restoration against the Registrant in accordance with Section 337.402
Florida Statutes as same may be amended from time to time. For twelve (12) months
following the original completion of the work, the Registrant shall -Yuarantee its
restoration work and shall correct any restoration work that does not satisfy the
requirements of this Article at its own g��nse�
01 Removal or relocation governed by State law: conversion of overhead Facilities to
underground Facilities.
LU Removal or relocation at the direction of the Village of a R istrant's
U,L—
Communications Facilities, Wireless Support Structures, Utilities, or other
Facilities in a Village Public Right-of-way shall be govemed by the provisions of
Sections 337.403 and 337.404, Florida Statutes as same may be amended from
time to time. Relocation or removal may be reguired at the Registrant's sole
expense for, among other reasons, conflicts with Village drajnag��
transportation facilities.
M Subject to applicablp provisions of law, whenever exiating overhead Util
Facilities are converted to underUound Facilities, any Registrant having
Communications Facilities located on a Communications Facility Pole, Wireless
Support Structure, Ut ility Pole or other Facility shall arrange for the conversion to
underground facilities or relocation on the same terms and conditions as the other
Utility Facilities that are being converted to underground Facilities.
Maintenance in accordance with industa standards and =licable law. A Registrant
shall maintain its Communications Facilities, Wireleaa Su ort Structures, Utilities, or
other Facilities in good condition, order and repair in a manner consistent with.accepted
31
industry practice and applicable law so that the same shall not endanger the life or
property of any person or other Facilities in the Village's Public Rights-of-wU.
Maintenance of graEtti plan. Communications Facilities, WireleaLSu ort Structures,
M
Utilities, or other Facilities within the Village's Public Rights-of-way, including any
appurtenant features incorporated therewith under this Article shall be maintained so that:
M They aLe free of Graffiti visible from the Village's Public Rights-of-way or
surrounding properties at grade. All Graffiti shall be removed withiggp.M
working days from receipt of notice thereof by the Village� and
(Z They are reasonably free of dirt and greaserust 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,
Safety practices: encourage strenv_,thening Utility infi-astructure and it? rastructure
f—
hardening plan. All safe1y practices required by applicable law or accep
practices and standards shall be used during the Placement or Maintenance of
Communications Facilities, Wireless Support Structures, Utilities, or other Facilities.
The Village's policies strongly favor streng1hening Utility infrastructure and in -particular
as it relates to flooding and hurricane related events, and registrants are encouraged to
implement an infrastructure hardening plan for any Communications Facilities, Wireless
Support Structures, Utilities, or other Facilities within the Village's Public Rights-of-
Cm)Underground Facilky damage prevention and s e
-qfA act. In connection with excavation
in the Village's Public Rights-of-way, a Registrant shall, where applicable, comply with
the Underground Facilijy Damage Prevention and Safejy Act set forth in Chaptg� �556
Florida Statutes as same malgl=ded from time to time.
On Use of due caution. Registrants shall use and exercise due caution, care and skill in
perfonning work in the Village's Public Rights-of-way and shall take all reasonable stegs
to safeguard work site areas, including, but not limited to those safeguards set forth in
Chapter 33 of the Florida Building Code,
oo No warranties or representations reWLding ftess, suitabilitv or availabilijy of Villap—,e
Public Rights-of-way. The Village makes no warranties or representations regaEdin the
32
fitness, suitability, or availabili1y of the Villages Public R for the
2 —ights-of-way
Registrant's Communications Facilities, Wireless Support Structures, Utilities, or othe
Facilities. Any perfonnance of work costs incurred or services provide
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, Wirele
Structures, Utilities, or other Facilities.
(M 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 uDon
reasonable notice to ensure c�lia�nce with this Article.
LD Upon completion of work authorized by any Permit, in the event that field work
resulted in changes from the Permit plans, the Registrant shall fumish to the
Village, at no cost to the Village, Qne-� e set of sealed "as -built" plans or in
the case of any underground Utility Facilities. a sealed survey showing the exact
location of such Facilities, including their depth; or in either case, auch other
documentation describing the location (including height or depth, as thq-��
be) of Facilities as the Village mayApprove,
Q The "as -built" plans shall be in an electronic format specified by the Village and
shall be provided to the Village at no cost to the �Villa �e,
M This reguLrement shall be in addition to, and not in lieu of, any filings the
Registrant is required to make under the Underffound Facilijy Damage
Prevention and Safe1y Act set foah in Chapter 556 Florida Statutes as same may
be amended from time to time.
(41 The fact that such "as -built" plans or survey is on file with the Village shall in no
way abrogate the dmjy of any Person to comply with the aforesaid UnderWaund
Facilijy Damage Prevention and Safety Act when performing work in the
Village's Public Rig
W Any proprietagy confidential business information obtained from a Registrant in
connection with a Pe��ation shall be held confidential by the V
illage to
33
the extent required by Section 202.195, Florida Statutes as same may be amended
from time to time, provided the Registrant so notifies the Village which
information is confidential in accordance with Florida's Public Records Laws.
W Florida Building Code: hiZb velocitv 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 S
Utilities, or other Facilities shall be considered to be structures under Building Risk
Categogy IV, Structures, Chapter 16 Section 1620 - 1.621, 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
®r Permit processing arocedures and tiLmefi�qmes: "Shot Clock". The Village's action on
pMgqMjLM Place or Maintain Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities shall be sub*
ject to the standards and time frames set out in
Section 365.172, Florida Statutes as same may be amended from time to tirne� and 47
U.S.C. § 1455 (a) and Orders issued by the FCC, as same may be a ended from time to
time. All federal and State "shot clock" timeframe guidelines that apply to anyparticular
permit are hereby recognized by the Village. Applications for Pennits-pursuant to
Section 337.401(71-Elorida Statutes shall be handled as follows: The Village shall notify
applicants for Permits via e-mail of all detenninations regarding the completeness of an
application and of all approvals or denials of same. The Village shall deten-nine, within
fourteen (14) days after the date of filigggaggphcation for the Co -location of a Small
Wireless FacilibLQr for the Placement of a new Utility Pole intended to su ort a Small
pp -
Wireless Facilijy. whether the application is complete. If an application is deemed
incomplete, the Village shall notify the applicant by electronic -mail and s%� �ficall�
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 upgn 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 applicatign within 30 days after the notice of
34
denial is sent to the applicant. The Village shall approve or deny the revised lication
within 30 days after receipt or the application is deemed approved. Subseguent 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 Eacility- or
within nindy (90) days after the date of filing a complete application for the placement of
a 'new Utility Pole intended to support a Small Wireless Facilijy, the Village shall
approve or deny the gpplication. Ne gotiation regarding altemative locations shall extend
the approval timeframe as set forth in Sec. 63-35(k) andLm .
A
Us Routine Maintenance and emerg_ency notices and -parmi
Lts, In the case of routine
maintenance (including "out -of -service" repairsi 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 perfonned. In the event @Lny
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 govemed 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-quajjb�-"
without first applying for or receiving a Permit.
(D The term "emergenaLshall mean a condition that affects the public's -health
safe1y or welfare, which includes an unplanned out -of -service condition -of a pre-
existing service.
(Z 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 originilly been
required to perform the work undertaken in connection with the emergengy.
35
(3) Permits are required for any work that involves excavation of a sidewalk or
closure of a vehicular lane.
Ot Issuance ofPermit in violation of code or construction in violatiLon o code,
L—
(D The issuance of a Permit for Communications Facilities— Wireless Support
Structures, Utilities, or other Facilities shall not be construed as a-rip_htto
Placement or Maintenance of Communications Facilities, Wireless Support
Structures, Utilities. or other Facilities that fail to meet the requirements of this
Article..
Q The issuance of a Pennit 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 authorijy to violate or cancel the Drovisions of VLlla e
g_
Code Chapter 63 shall be void and invalid except insofar as the work or use which
it authorizes is lawful.
Lu) Permit errors. The issuance of a Permit shall not prevent the Village from thereafter
requiring the correction of errors when in violation of Village Cpdq,,_� 63.
Ov No Permit fees for work under this Article. Pursuant to Section 337.401(3) (c) (1) (b)
Florida Statutes as same may be amended from time to time, and other applicable
provisions of law, and notwithstanding any other provisions of Village Code, the Village
hereby elects not to charge pennit fees to any Registrant for Permits to do work in the
Village Public Rights-of-way under this Article. Pass -Through Providers shall bq- �I�ect�
to the fees set forth at Village Code Section 63-45.
Cw) Small Wireless Facilij)� Co -location Permit application consolidation. Pursuant to the
Advanced Wireless Infrastructure Deployment Act set forth at S-ec. 337.401(7).�oridb
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 discrefion file a
consolidated application f
pr -g single Permit for the Co-locatiQn-pf up to 30 Small
Wireless Facilities. Within ggy such consolidated application, the Village may sepa
address Co -locations for which incomplete information has been provided, or which are
denied.
RE"
Sec. 63-35. Standards for coMpatibilitv with ad*acent properties; prevention of pole
I—
profiXeration and saturation of Village Public Riph -_ -w
LsoLgq
y
Ua In General. Communications Facilities, Wireless Support Structures, Utilities, and othe
Facilities shall be dqaipned in such a manner that the Facilities are compatible with
adjacent properties and minimize any negative visual iinpact on the adjacent properties.
In order to achieve compatibilfty with adjacent properties and to minimize the negative
visual impact on adjacent properties, the following rg�gulations shall apply, unless waived
pursuant to this Section.
fb) Stealth Design. Stealth Design for Communications Facilities, Wireless Support
Structures, Utilities, or other Facilities shall be utilized wherever possible in order to
minimize the visual impact of such Facilities on adjacent properties and in order to
eliminate the need to locate any ground or elevated eguipment on the exterior of a
Facility or Existing Structure. Stealth Design is not required with respect to wireline pole
attachment installations made in the communication sl2ace of LAUjbL_jVes. Stealth
DesigLi features may include, but are not limited to, the followin :
W For new Communications Facility Poles and new Wireless Support Structures, as
well as Existing Structures in the Village's Public Rights-of-way, top mounted
antennas within enclosures that do not extend more than ten 10 feet above the
supporting-atructure, or side mounted antennas within enclosures that extend no
more than two (2) feet beyond the exterior dimensions of the supporting structure
at the level of antenna attachment. Nothing contained in this subsection is
intended to restrict the Placing and Maintaining of Small Wireless Facilities
pursuant to the Florida Advanced Wireless Infrastructure Deployment Actas
integrated into this Article and as set forth at Sec. 337.401(7), Florida Statutes, as
same may be amended from time to time.
fZ New support structures shall incorpQrate features of similar, existing Facilities in
the same Right-of-way. For example, where the Right-of-way contains existing
Utility Poles, any new Utility Pole or Wireless Support Structure shall incorparate
a design with similar features, colors, textures, etc.
37
M The use of foliage and vegetation based on conditions oEjb��Mecific area where
the Facilitv is to be located. Trees. if aDDrODriate. shall be determined and
approved by the Village under separate Permit.
f4A Equip
M
(M Street lLght _fixtures.
(D Other Stealth Design proposed by an applicant and approved by the V
illa e based
g,—
on unique circumstances applicable to the Facility or the location or both.
M Artificial replication of trees or other natural objects is prohibite .
Oc No Signage. Registrants shall not -place or maintain signage on Communications
Facilities, Wireless SLipport Structures, Utilities, or other Facilities Placed or Maintained
in Village Public Rights-of-way, unless otherwise required by -federal or State law,
provided, however, that Existing Structures that lawfully supported sigLiage before being
Repurposed may continue to support siguage as otherwise permitted by law or Village
Code, as same may be amended from time to time.
(M 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
Le) Lighting, Communications Facilities., Wireless Support Str�ctures, Utilities, or other
Facilities shall not have any type of lighted signal, lights, or illuminations unless jggUjgtd
by an applicable federal, State, or local rule, regulation, the FAA or law�-��
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.
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 he�ht
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 o
the clo-sest light pole on that same Road.
M 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 Lorth in -M
(1) above.
M For each Co -location or Repurposed Structuretog mounted Antennas nQLpart of
a Small Wireless Facilijy may extend an additional six (6) feet in height in excess
of the height limitations set forth in (f) (1) above.
(41 All Antennas shall be no less than eight (8) feet above Grade.
(5) The maximum height of any Small Wireless FaciNity shall be ten (10) feet above
the pole or structure upon which the Facilily is Placed, Maintained or Co -located.
Unless waived by the Village, the maximum height for any new Utilij�LPole or
Wireless Support Structure shall not exceed the tallest existing Utilijy Pole as of
July 1, 2017 in the same Right-of-way, other than a Utilijy Pole for which a
waiver has previously been gEanted, measured from grade in place within 500 feet
of the proposed location for the new Uti lity Pole or Wireless Support SMLcture-or
50 feet if there is no existing Utilijy Pole in the same Right-of-way within 500
feet of the proposed location for the new - Utility Pole or Wireless �Sumrt
Structure.
Equipment and Antenna volume.
(D Subject to height limits be
�--_ and Antenna volume limits, equipment that may
associated with Communications Facilities (other than Small Wireless Facilities
which are regulated above) attached to an Existing Structure or a new
Communications Facili1y Pole or a new Wireless Support Structure located in the
Village's Public Right-of-way, and Utility Poles or other above grade suppQrt
structures, shall not exceed seventeen (17) cubic feet.
Antenna volume. Subject to height limits and equipment volume limits, each
Antenna that may be associated with the installation of a Communications
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 eLcposed and
39
not concealed within a concealment enclosureshall fit within an iMaginary
enclosure that does not exceed six (6) cubic feet.
Prohibition against Placement on roads where Village has plans for sidewalks:
preference for Arterial or Collector roads. No new Communications Facilitkes., Wireless
Support Structures, Utilities, or other Facilities or other new support structures shall be
Placed or Maintained in the swale area on the side of a road or where the Village has
plans to install a sidewalk of five (5) feet in width or more, nor shall such new
Communications Facilities, Wireless Support Structures, Utilitie_s or other Facilities or
other new support structure be located in such a manner that would preclude a five f5A
foot clear pathway for the planned sidewalk. Otherwise. new Communications Facilities,,
Wireless Support Structures, Utilitie_sor other Facilities or other new supp�Qrt structures
-shall generally be Placed and Maintained in Arterial or Collector roads whenever
possible. Placement of new Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structures in Village Rights-of-way
other than Arterial or Collector roads shall be justified by the gpplicant to the satisfaction
of the Village prior to the issuance of my 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.
01 Minimum distance separation from ed
ge of pavement. No new Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other new support
structures shall be Placed or Maintained in the Village's Public RightsmQf--way in
violation of minimum distance separation from edge of pavement in accordance the State
of Florida Department of Transportation Manual of Unifonn Minimum Standards for
Design. Construction and Maintenance for Streets and Highways, as samQ_mg3L_be
amended from time to time. In accordance with said manual—the Village shall have the
authorijy to reduce any offset where that offset cannot be reasonably obtained_ and other
altematives 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 reguirement may require that Facilities such as meters and other
ground eguipment be located on or directly adjacent to the pole or support structure upon
which the Antenna is located.
HE
Minimum distance separation from existing sidewalk. No new Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other new -support
structures shall be Placed or Maintained in the Village's Public Rights-of-way within one
(1) foot of an existing sidewalk that is five (5) feet or less in width, which 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. Co -location
and use of Existing, Rep=osed Structures are exempt from this requirement. The
placement of new Utility Poles for purposes of the installation of a Small Wireless
Facilijy are strongly encouraged to comply with this distance sLeparation. 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 uport which
the Antenna is located.
W Distance segaration between Communications Facilitv Poles and Wireless Support
Structures and other new symort structures in Village Public Rights-of-wmL.
Communications Facility Poles, Wireless Support Structures and other new-aupport
structures in the Village's Public Rights-of-way must be spaced a minimum of three
hundred fifty (350) linear feet apart from each other, along the line of general vehicular
travel. except that no distance requirement shall gpply 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
sLipport 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 ofthe filing
of a permit gpplication for placement of Small Wireless Facilities, the Villa
ge may
request relocation of a proposed Small Wireless Facilijy and/or placement of the Small
Wireless Facilijy on an altemative pole or support structure. In the event that such a
request is made, the Village and the applicant shall negotiate piLrsuant 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
01 Sip_ht Distance. No new Communications Facilities, Wireless Support Structures,
Utilities, or other Facilities or other new support structures shall be constructed or
installed within a triangular shaped area ofland 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.
Lm) Emphasis on Arterial or Collector Roadways. Registrants seeking to Place or Maintain a
Communications Facilijy Pole or a Wireless Support Structure in the Villaggis Public
Rights-of-wgy shall locate their Facilities in Arterial or Collector Roads, whenever
possible. See subparagraph (h) above for certain restrictions. An application for a Permit
to place a Communications Facility Pole or a Wireless Support Structure in a Village
Public Right-of-wgy other than Arterial or Collector Roads shall explain—why the
applicant is unable to locate such Facilities in or adjacent to an Arterial or Collector Road
and shall demonstrate to the satisfaction of the Village Engineer the need to locate the
Facilities in th�_��osed in the -application. 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 gpplications
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 altemative pole or support structure. In the event that such
a request is made, the Village and the applicant shall negotiate Pursuant to the Advanced
Wireless Infrastructure Deployment Act set forth at Sec. 337.401(7), Florida Statutes, as
same may be amended from time to time. Upon delegation to the Village of the
regulatory authorities in this Article by the County, State or U.S. Do
Artment of
Transportation or all of the foregoing entities, then the Village may enforce such
regulations in this Article within the corporate boundaries of the Village on such county,
State or federal roads to the extent such authorijy has been delegated to the Village as
stated above.
On Prohibition against Placement in residential fi-ont Wrd. No new Communications
Facilities, Wireless Support Structures, Utilities, or other Facilities or other new-aupport
42
structures shall be placed within a Village Public Right-of-way that abuts any -front -yard
of a residential psoperty.
Oo Limitation on Placement in residential camgL.�. New Communications Facilities
Wireless Support Structures, Utilities, or other Facilities or other new support structures
within the Village's Public Rights-of-way abutting a comer yard of a comer lot of a
residential propeM shall not be placed any closer than ten (10) feet from the side
propea line of the lot abutting and adjacent to the comer lot.
fW Not signiflcanLly impair view from princ�pql structures within residential areas. All new
Communications Facilities, Wireless Support Structures, Utilities or other Facilities or
other new support structures shall be located such that views from principal structures
within residential areas are not significantly impaired. Where possible, newly installed
Facilijy poles or support structures should be located in areas with existing fQliage or
other aesthetic features in order to obscure the view of the Facilijy or support structures
within residential areas. The requirements of this subparagraph shall not applyAp Existing
Structures, when there is a one-to-one use or Rep=osing of an Existing Structure.
Regy1ations specific to Authority UtQty Poles. The following regulatiouLApply to
Authorijy Utility Poles pursuant to the Advanced Wireless Infrastructure Deployment Act
set forth at Sec. 337.401(7), Florida Statutes, as same may be amended from time to
time:
M Co -location of a Small Wireless Facilijy on an Authority Utility Pole does not
provide the basis for the imposition of an ad valorem tax on the Authorijy-jLtilijy
Pole.
M The Village may reserve space on Authority Ujifi1y-Poles for future public sa&�
uses. However—such a reservation mav not nreclude the Co -location of a Small
Wireless Facility. If replacement of the Authority Utilijy Pole is neceaLa�to
accommodate the Co -location of the Small Wireless Facili!y and the pubjjc�
use, the pole replacement is subLect to make-ready provisions and the rolaced
pole shall accommodate the future public safety use.
Co -location of Small Wireless Facilities on Authority Utilijy Poles are subLect to
the follQwj=
43
Di The Village may -not enter into an exclusive arranggment with any Person for
the right to attach equipment to Authority Utilijy Poles.
Dii The rates and fees for Co -locations on Authority Utility �oles must be non:
discriminatory. regardless of the services provided by the Co-locatipg Person,
fjjU The rate to Co -locate Small Wireless Facilities on Authority UtilLt)�oles
shall not exceed $150.00 per pole annually
Civ iy existing agreements between the Village and a Wireless Service Provider
I AL
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-suWect to
applicable termination provisions, except that the wireless provider may
accept the rates, fees and terms established in this ChLapter for Small Wireless
Facilities and Utilijy Poles. that are the subject of an application submitted
after same become effective.
ov By the latter of January 1, 2018, or 3 months after receiving a request to Co -
locate its first Small Wireless Facility on an Authorijy Utilijy Pole, Lhe Villa e
g, -
shall make available rates, fees, and terms for the Co -location of Small
Wireless Facilities on Author:ijy Utility Poles that comply with this Chapter as
well as See. 337.401(7), Florida Statutes, as same may be amended from time
to time.
f4l Make rqad�work.
Qi For an Authorijy 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 -regiLested.. Co -location must include pole replacement if
nece �a,
CHI For an Authorijy Utilijy Pole that does not support an aerial facilijy used to
provide Communications Services or electric service, the Village shall provide
a good faith estimate for any make ready work necessaa to enable the pole to
sLipport the requested Co -location, including necessary pole replacemen_t
within 60 days after receipt of a complete application. Make ready work,
44
including any pole replacement, must be completed within 60 -days after
written acceptance of the good faith estimate by the applicant. Altematively,
the Village may require the applicant seeking to Co -locate a Small Wireless
Facilijy to provide a make ready estimate at the applicant's expense for the
work necessary to support the Small Wireless Facilijy. including pole
replacement, and perfonn the make ready work. If pole rolacement is
required, the scope of the make ready estimate is limited to the desi
fabrication, and installation of a Utilijy Pole that is substantially sim ilar 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 propefty of the Village,
Wa The Village may not require more make ready work than is reguired to meet
Applicable Codes or industa 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 ingjUdL-aM
consultant fee orgxp�nse.
(r) Waiver of application of the requirements of this section by Village EnZi
�ueer.
(D Nothing in this section shall be construed to pr hibit or have the effect of
prohibiting the nondiscriminatoiy and competitively neutral use of Village Public
Rights-of-way by Communications Service Providers, Communications Facilijy
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 Dgployment
Act as set forth at Section 337.40t(7),AElorida Statutes, as same may be amended
from time to time.
(Z A request for a waiver shall be filed with the Village Engineer contemnQraneously
with the Permit application.
45
(3) The request for waiver shall include each section and subsection of this Article for
which a waiver is sought. A request for a waiver shall include all information
described in this subsection and any other reasonable infonnation the Village may
reasonably require to process the waiver reglLest.
(41 The following provisions shall govem the granting or denying of a reque�r a
waiver under the requiiements of this Section, and the Village Engineer shall
consider same, as applicable to aLiy particular waiver request, in determining
whether to grant a waiver:
Qi A detailed explanation, with sijpporting 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;
CHA Availability- of other Co-locajjaa-QpWrtunities within the Public Rights -of -
MME
Size and height Qf the proposed Faciliti
Civ) Location and separation distances of the proposed Facilities-,
Uv'Nature and characteristics of the adjacent prgpgrties.;
Cvi) Adjacent and nearby topography, tree coverage and foliage of the adjacent
kyW DesigLi of the prQposed Facilities with cular reference ta hievin
compatibility with the adjacent properties and elimination of adverse visual
impacts of such Facilities on the adjacent p
OdW Any other factors the Village Engineer determines to be relevant.
W In granting any waiver, the Village Engineer may impose conditions to the extent
he or she concludes such conditions are necessary to minimize any adverse effects
of the proposed Facility on the adjacent properties or to pLotect the health_-safeiy
and welfare of the Village and its residents.
ffi The Village Engineer shall have authority to grant a waiver if the appljggpLpray�s
by a preponderance of the evidence that each of the below criteria have been met
in the application for a waiver, other than for Small Wireless Facilities which are
govemed by part (7) herein below:
46
Ci) The�re _secial conditions and circumstance affecting the proposed site
which prevent compliance with the subsections for which a waiyq��
sought,. and
Cii) The proposed waiver, if granted, results in a superior site plan; and
Lija The proposed waiver, if granted, will not be incompatible with the a jacent
Op—
properties; and
Civ) The proposed mmjyg��anted. is ADA compliant, and
Ov The proposed waiver, if granted, complies with FCC regulations-, and
I
Cvji The proposed waiver, if granted I
-preserves to the Vil–g,--p m flexNlijy
in its management of its Public Rights-of-way-, and
LyW Th��_�Iica�nt for the waiver demonstrates that the item for which the waiver
is being sought would unreasonably discriminate for or against any Provider.
M Small Wireless Facilities may be granted a waiver from Applicable Code
requirements, as well as location, color, stealth, and concealment requirements set
forth in this Section, to the extent that the applicant demonstrates that such
requirements are not reasonably compatible for the �articular location of the
subject Small Wireless FaciliM or to the extent that the applicant demonstrates
that such requirements impose excessive expense. The applicant's burden, and the
Village Engineer's authoritL is the same as -set forth in part (6) herein above.
Small Wireless Facility waivers shall be g_ranted or denied by the—Village
Engineer within 45 days after the date of the rMest.
Os Limitations.
(D Nothing contained in this Article shall be construed to authorize a Person to Co -
locate or attach Wireless Facilities, including any Antenna or other FacUjb�,�
privately -owned Utilijy Pole, a Utilijy Pole owned by an electric cooperative or
Village electric UtiliM a privately -owned Wireless Support Structure or other
private property without the consent of the propeily owner.
(Z The approval for the Placing or Maintenance of a Facilijy pursuant to this Article
does not authorize the provision of any voice, data, or video communications
services.
Ot Exceptions. The requirements of this Article shall not apply as follows:
47
W Nothing-Lontained in this Article shall be construed to authorize a Person to Co -
locate or attach Wireless Facilities, including any Antenna, Micro Wireless
Facility, or Small Wireless Facilit���vately owned Utilijy Pole, a Utilijy
Pole owned by an electric cooperative or a -Village elec tric UtiliIL a privately
owned Wireless Support Structure, or other private property without the consent
of the property owner.
(Z The appraval of the installation, placement, maintenance pL�aperation of a Small
Wireless Facility pgrsuant to this Article does not authorize the proviggg.QLoy
voice, data, or video communications services, or the installation,
maintenance or oDeration of any Communications Facilities other than Small
Wireless Facilities in the Village's Public right -of way.
M Nothing contained in this Article shall be donstrued to authorize any Person to
Co -locate or attach Small Wireless Facilities or Micro Wireless Facilities Lexcept
for Micro Wireless Facilities on existing and permitted aerial communications
facilities) on a Utility Pole, unless otherwise pennitted by federal law, or to erect
a Wireless Support Structure in a right-of-way located within a retirement
community that:
Cil 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 timeand
Qii Has more than 5,000 residents- and
UW Hasunderground utilities for electric transmission or distribution.
(41 Nothing contained in this Article shall be construed to authorize any Person to
Co -locate or attach Small Wireless Facilities or Micro Wireless Facilities Lexcept
for Micro Wireless Facilities on existing and permitted aerial communications
facilities) on. an Authority Utilijy Pole, or to erect a Wireless Support Structure. in
I �-w
any location subject to covenants, conditions, restrictions, articles of
incorporation, and by-laws of a homeowners' association.
See. 63-36. Florida Advanced Wireless Infrastructure Deployment Ac .
The Co -location of Small Wireless Facilities and Micro Wireless Facilities are subject to
the requirgments of the Florida Advanced Wireless Infrastructure Deployment Act as set forth at
48
Sec. 337.401(7), Florida Statutes, as same may be amended from time to time. To the extent
that the provisions of this Article conflict with the provisions of the Florida Advanced Wireless
Infrastructure Deployment Act as set forth at Sec. 3 3 7.401 a), Florida Statutes, as sarn
amended from time to time, the provisions of the Florida Advanced Wireless Infrastructure
Deployment Act as set forth at Sec. 337.401(7), Florida Statutes, as same may be amended from
time to time shall prevail.
DIVISION 4. Administration and Enforcement.
Sec. 63-37 33. Suspension of permits.
Subject to appeal as provided in this Article Se--etiefl 63 -34 below, the Village may
suspend or revoke a permit, with no refund of fees paid thereunder, if any, for Placement or
Maintenance work in the blic RightLs-of-way for one or more of the following
reasons:
(a) Violation of Permit conditions, including conditions set forth in this Article or other
applicable Village codes or regulations governing use of the Village's Public Ri&s-of-
way; or
(b) Misrepresentation or fraud by the registrant in a Registration or permit application
submitted to the Village; or
(c) Violation of provisions in this Article requiring payment of Registration or Permit fees, if
applicable, to the Village; or
(d) Failure to relocate or remove Communications Facilities, Wireless Communications
Facilities or utilities as may be lawfully required by the Village in connection with the
subject permit.
If the Village determines that the permittee has committed a substantial breach of a term
.or conditio-n of the Permit, the Villa2e.shall make a written demand upon the permittee to
remedy such violation(s) within a reasonable time given circumstances, but in no event within
less than thir1y (30) days. The demand shall state that the continued violation(s) may be cause for
revocation of the permit. Further, a substantial breach as stated above will allow the Village, at
its discretion, to place additional or revised conditions on the Permit.
If the Village's demand is not complied with, the Permit may be revoked. If a Permit is
revoked, the permittee shall reimburse the Village for the Village's reasonable costs, including
49
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. 63-38 -34. Appeals.
Final, written decisions of the Village manage suspending a permit, denying an
application for a Registration or denying an application for renewal of a Registration are subject
to appeal. An appeal must be filed with the Village Manager within jfti�rt�301 days of the date of
the final, written decision to be appealed. Any appeal not timely filed as set forth herein shall be
waived. The Village Manner eouneil shall consider the appeal at the next fegularly sehedi
meeting Sh-al--] eenside the appeal and shall consider whether the Appellant applie meets
the requirements for a Registration or Permit based upon the provisions of this Article and the
applicable state and federal laws. The Village Manager's decision shall be deemed to be final
agency action and the exhaustion of all local administrative remedies. Any Person aggrig��
any decision of the Village Manager shall be entitled pursue any remedy available to them at law
or in equity.
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n-A-t-i-ri-ea ion afea may
be empan-do-d- -At- the village's diser-etion and
deemed by the
notiee shall be
designee.
MA;;;;Or-
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r-egist-Fant shall fneet
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hearing, and pr-ieF to the issuanee of
with village staff to review eammenis feeeived
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at the publie
hearing, and attempt
to -riese-l-we A-1111 negative eemments or issues
raised.
Sec. 63-39 36. Insurance and indemnification.
(a) Indemnification. Registrants, by Registering with the Village pursuant to
sha4 agree to protect, defend, reimburse, indemnify and hold the Village, its agents,
employees and elected officers and each of them free and harmless at all times from and
against any and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or
nature whether arising in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part, by reason of any act, omission or fault, of anyone
acting under registrant's direction or control, or on registrant's behalf in any matter related
to registrant's use of the Village's Public RightLs-of-way or any property Registrant is
entitled or authorized to use as a result of the RegistrationPermit or other authorization.
Registrant's aforesaid indemnity and hold harmless obligations, or portions or
applications thereof, shall apply to the fullest extent permitted by law but in no event
shall they apply to liability caused by the negligence or willful misconduct of the Village,
its respective agents, servants, employees or officers, nar- shall the liabilit�, liffl-its swa
in F.S. § 768.28, be waived. Nothing contained in this section shall be construed or
interpreted: (1) as denying to either party any remedy or defense available to sugb_party
under the laws of the State of Florida; (2) as consent by the Village to be sued-, or (3) gs-a
3yahv-e-r-o-fs-overeign immunity beyond the waiveLprovided in F.S. § 768.28, as it may be
amended.
(b) Insurance. A Registrant shall maintain in full force and effect general liability insurance
acceptable to the Village, which specifically covers all exposures incident to the intent
and responsibilities under this Article in no less than the amounts set forth below:
55
(1) Workers' compensation insurance within Florida statutory limits and employers'
liability insurance with minimum limits of one hundred thousand dollars
t$100,000.001 each accident.
(2) Comprehensive general liability insurance with minimum limits of three million
dollars 3,000,000) as the combined single limit for each occurrence of bodily
injury, personal injury and property damage. The policy shall provide blanket
liability insurance and shall include coverage for products and completed
operations liability, independent contractor's liability; coverage for property
damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage.
(3) Automobile liability insurance covering all owned, hired, and non -owned vehicles
in use by the provider, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of the
applicable State law, including residual liability insurance with minimum limits of
two million dollars ( 2,000,000.001 as the combined single limit for each
occurrence for bodily injury and property damage.
(4) Named insureds. All certificates of insurance shall name the Village of Tequesta
as an additional insured.
(5) Cancellation of policies of insurance. At least 30 64 days prior written notice shall
be, given to the village by the insurer of any intention not to renew such policy or
to cancel, replace or materially alter same, such notice to be given by registered
mail to the Village.
(c) Self-insurance. The insurance requirements set forth hereinabove may be satisfied by
proof of self-insurance satisfactory to the Village.
(d) Failure to maintain required coveraze 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.
M.,
(a) Prior to issuing a Permit under this Article where the work under the Permit MjjLMqqjM
restoration of the Village's Public Rights-of-way, the Village may require a performance
bond by a sure1y duly authorized to do business in the State of Florida and h
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 cer�tifiied �ba
professional engineer licensed in the State of Florida, to secure proper performance under
the requirements of any Pennits and the restoration of the Village's Public Rights-of-
wgy. Twelve (12) months after the co.mpletion of the restoration of the Village's Public
Rights-of-way in accordance with the bond, the Registrant may eliminate
required. However, the Village Engineer may subsequently rg-quire a new bond for any
subseguent work by the same Registrant in the Village's Public Rights-Qf-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 sixbL(60A 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."
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 Villa e 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. Reservation of rights -and remedies.
Oa The provisions of this Article shall. be applicable to all Communications -Facilities
including Wireless Communications Facilities and Wireless Support Structures, and
Utilities placed in the Village's Public Rights-of-way on or after the effective date of the
ordinance from which this Article is derived or amended and shall apply to all existing
Communications Facilities, including Wireless Communications Facilities and Wireless
Support Structures, and Utilities placed in the Village's Public Rights-of-way prior to the
effective date of this Ordinance, to the full extent pennitted by federal and Statelaw
except that any provision of this Article regarding the size, composition, or location of
Communications Facilities, including Wireless Communications Facilities and Wireless
57
Support Structures shall not apply to Communications Facilities, including Wireless
Communications Facilities and Wireless. Support Structures lawfully Placed within any
Village Public Right-of-way prior to the effective date of this Ordinance.
Thp o tion of this Article is not intended to affect anybghLs hg Village
-ad -p -Qr defenses of t_ ___ _
or a Communications Service ProviderEgMMMications Facility Provider, Wireless
Infrastructure Provider or Pasajhrou h franchise license or
�� Provider under any existing------,
other agreemgnts with a Communications Service Provider, Communications_Facility
Provider, Wireless Infrastructure Provider or Pass -Through Provider.
Oc Nothing in this Article shall affect the remedies the Village or the Registrant has
available underapplicable law.
Sec. 63-42. Reports and records,
Oa A Registrant shall provide the following documents to the Village as received or filed.
I
Upon reasonable request, any pleadings, petitions notices and documents which
may directly impact the obligations under this Article and which are reasonable
necessaa for the Village to protect its interests under this Article.
M Any request for protection under bankruptcy laws, or any judguent related to a
declaration of banknWtcy.
fb) Nothing in this section shall affect the remedies a Registrant has available under
applicable law.
Oc The Village shall keep any documentation books and records of the Registrant
confidential to the extent required or pennitted under Florida Public Records Law.
Sec. 63-43. Force M
In the event a Registrant's performance of or compliance with.aLiy of the provisions of
this Article is prevented by a cause or event not within the Registrant's control, such inabilijy to
perform or comply shall be deemed excused and no penalties or sanctions shall b e imposed as a
result, provided, however, that such Registrant uses all practicable means to expeditjousjy-�=
or correct my such inability to perform or comply. For the puiposes of this Section cause or
events not within a &��ontrol shall include, but not be limited to, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots
58
or civil disturbances, sabotage, strikes and restraints imposed by order of a govemmenW.Ia �enc
or court. Causes or events within Registrant's control, and thus not falling within this Section,,
shall inchide, without limitation Registrant's financial inabilfty to perform or comply
economic
hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors officers.,
employees, contracto
See. 63-44. No liability or warranty,
Nothing contained in this Article shall be construed to make or hold the Village
responsible or liable -for any damage to Persons or any property whatsoever, from -any cause
whatsoever, arising from the use, operation or condition of the Registrant's Communications
Facilities, Wireless Communications Facilities or utilities; or by reason of any inspection or re-
inspection authorized herein or failure to inspect or re -inspect. Nor shall the issuance �fan�
Pennit or the approval or disapproval of any -Placement or Maintenance of the RQgisiranija
Communications Facili
Wes Wireless Communications Facilities or utilities as authorized herein
constitute any representation, guarantee or warranty of any kind by, nor create any liahUjbLupM
the Village or any official, agent or employee thereof.
Sec. 63-45. Pass-through provider fees and chgMes,
Lal Pass-through providers shall pay to the Village on an annual basis an amounL&-qual to
Five Hundred.Dollars ($500.00) per linear mile or portion thereof of Communications
Facilities or Wireless Communications Facilities Placed or Maintained in the VLllaye's
Public Rights-of-way. For purposes of this Article, the Village's Public Rights-of-way
do not include Rights-of-way that extend in or through the Village but are state, county or
another authori1y's Rights-Qf-way.
fW The amounts charged ursuant to this.Article shall be based on the linear miles Qf Village
Public Rights-of-way where Communications Facilities or Wireless Communications
Facilities are placed, not based on a summation of the lengths of individual cables
conduits, strands or fibers.
Oc Any annual amount charged shall be reduced for a prorated portion of Any -12 -month
period during which the Pass-through provider remits taxes imposed by the Village
pursuant to Chgpter 202, F.S.
59
(d) Annual payments shall be due and payable on March I of each year. Fees nQtpaid within
ten (10) days after the due date shall bear interest at the rate of one (1) percenLpg �mont�h
from the date due until paid. The acceptance of @Lny payment regLiked hereundpr by the
Village shall not be construed as an acknowledgement that the amount paid is the correct
amount due, nor shall such acceptance of payment be construed as a release of any claim
which the Village mah�ave for additional sums due and payable. All fee payments shall
be subject to audit by the Village, and assessment or refund if any payment is found to be
in error. If such audit results in an assessment by and an additional payment to the
Village, such additional payment shall be subject to interest at the rate of one ftlpercent
per month until the date payment is made.
Oe If the payments required by this Article are not made within ninety (90) days after the due
date, the Village may withhold the issuance of any Permits to the Pass-through_provider
until the amount past due is paid in full.
See. 63-46 3-7. Penalties for violation.
Any violation of any of the provisions of this Article Ordinanee may be enforced as
provided for in Chapter 162. Florida Statutes F.S. eh. 162. Each day or fraction thereof the
violation continues shall be considered as a separate offense. In addition, the Village can pursue
any and/or all other lawful actions, including filing a complaint with Florida Public Service
Commission or Federal Communications Commission advising of violations of Village
ordinances, filing an injunction in circuit court to enforce the terms of the Article, Registration or
permit., or to enjoin the use of the Village's Public Rights-of-way, pursuing action before the
code enforcement special magistrate to impose daily fines, denying permits or development
orders for other projects or use of the Village's Public Rights-of-way by the provider,
and/or by any other means allowed by 14w. These remedies shall be cumulative.
Secs. 63-47 38 3-50. Reserved.
Section 2: Each and every other Section and Subsection of Chapter 63. Right -of -Way
Regulations. shall remain in full force and effect as previously adopted.
ZE
Section 3: All ordinances or parts - of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
61
ORDINANCE
11-19
Date
05/09/2019
Upon Second Reading
Motion Council Member Vince Arena Second Vice -Mayor Kristi Johnson
Mayor Abigail Brennan
Vice -Mayor Kristi Johnson
Council Member Vince Arena
Council Member Laurie Brandon
Council Member Kyle Stone
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
❑✓
❑
❑
a
❑
❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA
ATTEST:
A6_M&'_D
uttc
Lori McWilliams, MMC
Village Clerk
.0
SEL,
1NCORPpRqATED
1