HomeMy WebLinkAboutOrdinance_24-19_10/10/2019 ORDINANCE NO. 24-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 63. ARTICLE II. RIGHT-OF-WAY
REGULATIONS, TO CONFORM THIS ARTICLE TO RECENT STATE
LAW CHANGES REGARDING COMMUNICATIONS FACILITIES AND
ESPECIALLY WIRELESS FACILITIES THAT MAY BE PLACED OR
MAINTAINED IN THE VILLAGES RIGHTS OF WAY; 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 Florida legislature in 2019 has revised state law applicable to placing and
maintaining certain communications facilities,and especially wireless facilities,within local rights
of way, creating additional preemptions and limitations on local government ability to regulate the
use and appearance of its rights-of-way in favor of an increasingly unfettered ability of
telecommunications service providers to erect their facilities in such rights-of-way as they see fit;
and
WHEREAS,the Village Council of the Village of Tequesta, in order to comply with state
law requirements, must revise its code to recognize these state level preemptions and limitations
on its ability to regulate its own Village rights-of-way and must likewise accept the increasing
power granted by the state to telecommunications service providers to place and maintain their
facilities in Village rights-of-way as they see fit, with less regulation; and
WHEREAS, the Village Council of the Village of Tequesta believes this ordinance to
sufficiently conform its code to the requirements of state law.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA,THAT:
Section 1: Chapter 63. Right-of-Way Regulations. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article II, to provide updated requirements in
conformance with recent changes to state law; providing that Chapter 63 Article II shall hereafter
read as follows:
ARTICLE II.-PLACEMENT AND MAINTENANCE OF UTILITYANDD COMMUNICATION SERVICE FACILITIES
IN VILLAGE RIGHTS-OF-WAY
DIVISION 1.- IN GENERAL
Sec. 63-25. -Title.
This Article shall be known as the "Placement and Maintenance of Utility and Communication Service
Facilities in Village Rights-of-way" ordinance.
Sec. 63-26. -Purpose.
The purpose of this article is:
(a) To establish a competitively neutral policy for the use of the village's public rights-of-way by all
communications services providers, including wireless service providers and wireline providers,as well as
communications facilities providers,wireless infrastructure providers,and pass-through providers,for the
placement and maintenance of communications facilities, including wireless communications facilities,
and the provision of communications services, including wireless communications services and other
utilities, including but not limited to, those as defined in F.S. § 337.401, as same may be amended from
time to time; and
(b) To regulate the placement and maintenance of communications facilities, including wireless
communications facilities and utilities in the village's public rights-of-way pursuant to its governmental
powers as set forth at F.S.ch. 166,as same may be amended from time to time,including the encouraging
of co-location and re-purposing existing facilities and structures; and
(c) To prescribe reasonable rules pursuant to F.S. § 337.401, the Federal Communications Act of 1934,
including without limitation Sections 332 and 253,Section 6409(a) of 47 USC§ 1455(a) and orders issued
by the FCC,as each may be amended from time to time,and other federal and State law so as to minimize
disruption of services in the village's public rights-of-way, regulate the use of the village's public rights-of-
way by all communications services providers, including wireless service providers and wireline providers,
as well as communications facilities providers, wireless infrastructure providers, and pass-through
providers, and to regulate the placement and maintenance of communications facilities, including
wireless communications facilities, in the village's public rights-of-way.
(d)The placement and maintenance of wireless communications facilities on private property or property
owned, leased or controlled by the village, other than the village's public rights-of-way, is governed by
chapter 78, article 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:
Abandonment or abandoned means 180 or more consecutive days with the absence of any active
communications service providers, including wireless service providers, on a communications facility,
including a wireless communications facility. Abandoned communications facilities and wireless facilities
shall be removed or cured as required by this article. This term shall not include cessation of all use of a
communications facility within a physical structure where the physical structure continues to be used for
some purpose or use accessory to the communications facility or wireless facility. For example, cessation
of all use of a cable within a conduit, where the conduit continues to be used as referenced above, shall
not be "abandonment" of a communications facility. Notwithstanding the foregoing example, if the
communications facility or wireless 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 or wireless
facility requires removal of the communications facility or wireless facility only and does not require the
removal of the existing structure.The term shall also exclude the temporary cessation of the provision of
communications services or wireless services where the provider intends to re-establish the provision of
communications services or wireless services in the future. For example, cable drops to homes that are
deactivated based on competitive alternatives but are maintained for when the customer re-activates
service shall not be "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. 12101, et seq., as same may be amended
from time to time and regulations promulgated thereunder.
Antenna means communications equipment that transmits or receives electromagnetic radio frequency
signals used in providing wireless service.
Applicable codes means uniform building, fire, electrical, plumbing or mechanical codes adopted by a
recognized national code organization, or local amendments to those codes enacted solely to address
threats of destruction of property or injury to persons,and includes the National Electric Safety Code and
the 2017 Edition of the Florida Department of Transportation Utility Accommodation Manual or local
codes or ordinances adopted to implement the Florida Advanced Wireless Infrastructure Deployment Act
as set forth at F.S. §337.401(7), as same may be amended from time to time.The term includes objective
concerning the location of ground mounted equipment. The term includes objective design standards
adopted by ordinance that may require a small wireless facility to meet reasonable location context,color,
stealth, and concealment requirements; however, such design standards may be waived by the village
upon a showing that the design standards arc not reasonably compatible for the particular location of a
e,mall wireless facility or that the design standards impose an excessive expense. The waiver shall be
granted or denied within 45 days after the date of the request.
Arterial road means a roadway route providing service which is relatively continuous and of relatively
high traffic volume, long average trip length, high operating speed, and high mobility importance, and
constitutes the largest proportion of total travel. In addition,every United States numbered highway is an
arterial roadway.
Authority utility pole means a utility pole owned by the village and located in the village's public right-of-
way. The term does not include a village owned utility pole in a right-of-way located within a retirement
community that:
(a) Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b), as same may be
amended from time to time; and
(b) Has more than 5,000 residents; and
(c) Has underground utilities for electric transmission or distribution.
Code means the Village of Tequesta Code of Municipal Ordinances.
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, modify, operate, or replace one or more
wireless communications facilities on, under, within or adjacent to a wireless support structure pale-er
other vertical above grade support structure or utility pole.The term does not include the installation of
a new utility pole,other pole,or wireless support structure or other above grade support structure in the
village's public rights-of-way. The term co location also includes the ground or platform installation of
with the location and operation of the co located communications facility.
Communications facility or facilities means any tangible thing located in a village public right-of-way that
may be used to deliver or provide communications services. The term includes wireless communications
facilities and wireless support structures. The term also includes ancillary equipment regardless of
whether or not such equipment is included in the calculation of equipment volume. Multiple cables,
conduits, strands, or fibers located within same conduit shall be considered one communications facility.
For purposes of this article, the term communications facility shall not include utility poles, and shall not
Include aerial facilities located between utility poles with associated pole attachments which do not
provide communications services.
operating one or more communications facilities located within the village) who is engaged, directly or
communications service providers all or a portion of the tangible personal property used in a
communications facility.The term includes wireless infrastructure providers.A pass through provider may
be a communications facility provider.
Communications services means the transmission, conveyance or routing of 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 conveyances ifi
- ..• - - e -- - • •-•- •-- . 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 FCC Federal Communications Commission as enhanced or
value-added.The term does not include:
(a) Information services.
(b) Installation or maintenance of wiring or equipment on a customer's premises.
(c)The sale or rental of tangible personal property.
(d)The sale of advertising, including, but not limited to, directory advertising.
(e) Bad check charges.
(f) Late payment charges.
(g) Billing and collection services.
(h) Internet access service, electronic mail service, electronic bulletin board service, or similar online
computer services.
Communications services provider means any Person including a municipality or county, providing
communications services or wireless services through the placement or maintenance of a
communications facility or wireless facility 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, pursuant to F.S. §
202.20, as same may be amended from time to time.
e e -- --
common source via a transport medium that provides wireless service within a geographic area or
structure.A DAS is a communications facility.
Eligible facilities request means a request to place a wireless communications facility in the village's public
rights-of-way that, in accordance with the definitions contained in FCC regulations codified at 47 C.F.R. §
1.40001,does not substantially change the physical dimensions of the existing structure and is requesting:
(a) Collocation of new transmission equipment;
(b) Removal of existing transmission equipment; or
(c) Replacement of existing transmission equipment.
Existing structure means a structure within the village's public right-of-way that exists at the time an
application for a permit to place a communications facility on the preexisting structure is filed with the
village. The term includes any structure that:
(a) Can structurally support the attachment of a communications facility or wireless facility; or
(b) Can be modified or repurposed to support the attachment of a communications facility or wireless
facility; or
(c) Can be removed and replaced with a structure of similar design and purpose as the original existing
structure that supports the attachment of a communications facility or wireless facility; or
(d) Other facilities in compliance with applicable codes and laws.
FCC means the Federal Communications Commission.
Florida licensed professional engineer means an engineer licensed by the state of Florida who is qualified
to provide the information required by this article, or, in the alternative, as provided by F.S. §471.003, a
full-time employee of an entity regulated by the FCC or the Florida Public Service Commission.
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-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 low average traffic volume, short average
trip length or minimal through-traffic movements, and high land access for abutting property.
Micro wireless facility means a small wireless facility that provides wireless service that is not larger in
dimension than 24 inches in length, 15 inches in width, 12 inches in height,that has an exterior antenna,
if any, no longer than 11 inches.
Order means:
(a)The following Orders and Rules of the FCC issued in FCC Docket No. 94-102:
(i) Order adopted June 12, 1996, with an effective date of October 1, 1996, the amendments to s.20.03
and the creation of 47 CFR § 20.03 and the creation of 47 CFR § 2018, adopted by the FCC pursuant to
such order;
(ii) Memorandum and Order No. 97-402, adopted December 23, 1997;
(iii) Order No. FCC DA 98-2323, adopted November 13, 1998;
(iv) Order No. FCC 98-345,adopted December 31, 1998;
(v) Order No. FCC 14-153 adopted October 17, 2014.
(b) Orders and rules subsequently adopted by the FCC relating to the provision of 911 services, including
but not limited to, Order No. FCC 05- 116, adopted May 19, 2005.
(c) Order No. FCC 18-133 adopted September 26, 2018.
(d) Future orders that may be adopted by the FCC.
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-way and that does not remit communications
service taxes as imposed by the Village pursuant to F.S. ch. 202, as same may be amended from time to
time. However. "pass-through provider" does not include a person who does not remit CST-but pursuant
to F.S.§202.16(2)sells communications services for resale to a person who sells communications services
at retail or who integrates communications services sold at retail in the village and who remits CST.
Permit means the public right-of-way permit that must be obtained before a person may construct in the
village's public right-of-way. For purposes of the Florida Advanced Wireless Infrastructure Deployment
Act as set forth at F.S. § 337.401(7), 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
or place a utility pole for the co-location of 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 proprietorship, a political subdivision, a public or private agency
of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity, and all other
groups or combinations.
Place or maintain or placement or maintenance or placing or maintaining means to erect, construct,
install, extend, expand, remove, occupy, locate, relocate, co-locate, repair, upkeep or significantly alter
the configuration of a communications facility. A person who owns or exercises physical control to
maintain and repair is"placing or maintaining"the facility.A person providing service only through resale
or only through use of a third person's facility is not "placing or maintaining" the communications facility
through which such service is provided. The transmission and receipt of radio frequency signals through
the airspace of the village's public rights-of-way does not constitute "placing or maintaining" a
communication facility in the village's public rights-of-way. Routine and emergency maintenance does not
constitute "placing or maintaining" a communications facility in the village's public rights-of-way for
purposes of this definition.
Public rights-of-way or rights-of-way means 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 a person that has registered with the village in accordance with the provisions of this
article. A Registrant is a "provider of communications services" as that term is used in Sec. 337.401 F.S.
Registration and Register means the process described in section 63-28 herein below whereby a person
providing communications services provider,wireless services provider, communications facilities facility
provider, wireless infrastructure provider, or pass-through services or facilities provider provides certain
information to the village.
Repurposed structure means an existing structure that has been renovated, reconfigured, or replaced
with a similar structure so as to continue serving its primary existing purpose while also supporting the
attachment of communications facilities, including wireless communications facilities 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,
including wireless communications facilities shall also apply to repurposed structures. To "repurpose an
existing structure" shall mean the act of renovating, reconfiguring or replacing an existing structure as
described above. The person communications service provider, wireless services provider,
communications facility provider, wireless infrastructure provider or pass through provider attaching its
communications facilities to the repurposed structure shall be responsible for registration and permitting
requirements of this article for such communications facility, wireless communications faculty or
infrastructure only, not for the repurposed structure itself. A person mer who removes all
communications facilities from a repurposed structure that has a primary use other than to support
communication facilities, e.g. light pole, may be required replace the repurposed structure with a facility
like that which existed prior to any repurposing at the discretion of the village.
Small wireless facility means a wireless communications facility that meets the following qualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet
in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed
elements could fit within an enclosure of no more than six cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in
volume. The following types of associated ancillary equipment are not included in the calculation of
equipment volume: electric meters, concealment elements, telecommunications demarcation boxes,
ground-based enclosures,grounding equipment, power transfer switches, cutoff switches, vertical cable
runs for the connection of power and other services, and Utility Poles or other support structures.
State means the State of Florida.
Stealth design means a method of camouflaging any communications facility, wireless communications
facility, etc., including, but not limited to, supporting electrical or mechanical equipment, which is
designed to enhance compatibility with adjacent land uses and be as visually unobtrusive as possible.
Stealth design may include, but is not limited to, use of vegetation, a repurposed structure,or a wrap.
Utility or utilities means any electric transmission, telephone, telegraph, or other communications
services lines or wireless communications facilities, pole lines,poles;railways,ditches,sewers,water,heat
or gas mains, pipelines,fences,gasoline tanks and pumps, or any other structures, pipes, lines or facilities
that providers place in the village's public rights of way and which arc referred to in this Code or state law
as "utilities." To the extent that any utility operates in the village pursuant to a franchise or other
agreement, such franchise agreement or other agreement shall control that utility's activity in the event
of any conflict with this article.
Utility pole means a pole or similar structure that is used in whole or in part to provide communications
services or for electric distribution, lighting,traffic control,signage or a similar function.The term includes
the vertical support structure for traffic lights but does not include a horizontal structure to which signal
lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet
in height or less unless the village grants a waiver for such pole.
Video service means a communications service as defined at F.S. §202.11(24)as same may be amended
from time to time. -- .. - - - -•e, : _ -- . •-- - - . - - - - . - , - --
whether the programming is transmitted over facilities owned or operated by the video service provider
or over facilities owned or operated by another dealer of communications services. The term includes
point to point and point to multipoint distribution services through which programming is transmitted or
direct to home satellite service.The term includes basic,extended, premium, pay per view,digital video,
two way cable, and music services.
Village means Village of Tequesta, Florida.
Village engineer means a professional engineer, licensed to practice in the State of Florida, employed by
the village and designated by the village as the village engineer and is hereby vested with the authority to
administer this article.The term village engineer shall also include his or her designee.
Village manager means the administrative head of the village,as provided in the village charter.The term
village manager also includes his or her designee.
Wireless secaraufgeatieRs facility means equipment at a fixed location which enables wireless
communications between user equipment and a communications network, including radio transceivers,
antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and
comparable equipment, regardless of technological configuration, and equipment associated with
wireless communications.The term includes small wireless facilities.The term does not include:
(a)The structure or improvements on, under,within or adjacent to the structure on which the equipment
is co-located; or
(b)Wireline backhaul facilities; or
(c) Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is
otherwise not immediately adjacent to or directly associated with a particular antenna.
Distributed antenna systems arc a type of wireless communications facility.
Wireless infrastructure provider means a person who has been certified under Chapter 364, F.S. to
provide communications services In the State or under Chapter 610 F.S.to provide cable or Video services
in this State, or that Person's affiliate, and who 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;
air to ground services;or public coast stations.
Wireless services provider means a person who provides wireless services. A wireless service provider is
a type of communications services provider.
Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-
supporting tower,or another existing or proposed structure designed to support or capable of supporting
wireless facilities.The term does not include, however, utility poles, pedestal, or other support structure
for ground-based equipment not mounted on a Utility pole and less than five (5)feet in height.
Wrap means an aesthetic covering depicting scenic imagery such as vegetation, which blends with the
surrounding area. Imagery in a wrap may not contain any advertising.
DIVISION 2.- REGISTRATION
Sec. 63-28. - Registration for placing or maintaining communications facilities, etc., s, in the
village's public rights-of-way.
(a) A communications services provider, wireless services provider, communications facility provider,
wireless infrastructure provider, pass-through provider or other person utility provider that desires to
place or maintain a permanent or temporary communications facility,or wireless communications facility
or utility in, on, under, over or across the village's public rights-of-way shall first register with the village
in accordance with this article.To the extent that any utility operates in the village pursuant to a franchise
or other agreement, such franchise agreement or other agreement shall control that utility's activity in
the event of any conflict with this article.
(b) Subject to the terms and conditions, including permitting requirements contained in this article, a
registrant may place or maintain a permanent or temporary communications facility, or wireless
communications facility or utility in, on, over, under, or across the village's public rights-of-way.
Sec. 63-29. -Nature of registration.
A registration shall not convey title, equitable or legal, in the village's public rights-of-way. Registration
under this article governs the occupation of the village's public rights-of-way only. Registration under this
article is a condition precedent to obtaining any permit and placing or maintaining a permanent or
temporary communications facility in, on, under, over or across the village's public rights-of-way.
Registration does not excuse a person or communications services provider, wireless services provider,
communications facility provider, wireless infrastructure provider, pass through provider or utility
provider from obtaining appropriate access or pole attachment agreements before locating its facilities
in, on, over, under, or across the village's public rights-of-way, or on the village's or another person's
facilities. Registration does not excuse any person or provider from complying with all applicable village
codes, including this article.
Sec. 63-30. - Registration;effectiveness of registration.
(a) Registration. Any communications services provider, wireless services provider, communications
facility provider, wireless infrastructure provider, or pass-through provider or other utility provider
desiring to use the village's public rights-of-way shall first register with the village. Registration shall
include the following information:
(1) Name of the registrant applicant; and
(2) Name, address and telephone number of the registrant's applicant's primary contact person in
connection with the registration; and
(3) Evidence of the insurance coverage required under this article and acknowledgment of the indemnity
and other provisions of this article; which acknowledgment shall be considered an agreement to the
provisions; and
(4) Reserved -- .__ • . • - _ -- . _ _ •-- _ -. , . -"•• • . - _ .- _ • . •
_
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(5)The number of the registrant's 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.
(b) Review by village.The village will review the information submitted by the registrant. If the registrant
submits all information in accordance with subsection 63-30(a) above, the registration shall be effective
and the village shall notify the registrant of the effectiveness of the registration in writing. If the village
determines that the information has not been submitted in accordance with the above-referenced
subsection, the village shall notify the registrant in writing of the non-effectiveness of the registration.
The village shall so reply to the registrant within 30 days after receipt of the registration information from
the registrant. The registrant shall have one 30-day period after receipt of such notice within which to
cure the deficiency via re-submittal. The re-submittal shall be reviewed by 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 section 63-30(a) herein, the village shall notify
the registrant of the final non-effectiveness of the registration. The village shall so reply to a registrant
within 30 days after receipt of the re-submittal. A registrant has 30 days after receipt of a final notice of
non-effectiveness of registration to appeal the decision as provided in 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 facility
or utility in the village's public rights-of-way and will no longer need to obtain 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, or wireless communications facility or utility in the
village's public rights-of-way.
(d) No priority in registration. Registration does not establish any priority for the use of the village's public
rights-of-way; however an effective registration is required prior to the issuance of a permit to we. k Place
or maintain facilities in the village's public rights-of-way.The fact that a communications services provider,
wireless services provider, communications facility provider, wireless infrastructure provider, or pass-
through provider or utility provider is registered shall not establish any right or priority for the use of the
village's public rights-of-way.
(e) Renewal and update of registration.A registrant shall renew its registration with the village by October
1 on each five year anniversary in accordance with the registration requirements in this article.
Additionally, within 90 days of any change in the information required to be submitted pursuant to
subsection 63-30(a)above,a registrant shall provide updated information to the village. If no information
in the then existing registration has changed, the renewal may state that no information has changed.
Registrations are expressly subject to any future amendment to or replacement of this article and further
subject to any additional village ordinances, as well as any state or federal laws that may be enacted
during the term of the registration. If a registrant fails to renew its registration,the sole consequence shall
be that the village may restrict the registrant from obtaining permits under subsection (f) below until the
registrant 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 registrant communications services provider, wireless services provider,
communications facility provider, wireless infrastructure provider, pass through provider or utility
mer that desires to place or maintain a permanent or temporary communications facility,or wireless
facility 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.
Sec. 63-31. -Transfer of registration.
If a registrant sells transfers or assigns its assets located in the village's public rights-of-way,the buyer or
assignee shall be obligated to comply with the terms of this article.Written notice of any such sale transfer
or assignment shall be provided to the village within 45 days of the effective date of the closing of the sale
transfer or assignment. If the buyer or assignee is not a current registrant, then the buyer or assignee
must register and may do so in such written notice by including the information required under section
63-30(a) herein, including any changed evidence of insurance coverage.
Sec. 63-32. - Existing communications facilities and wireless facilities in the village's public rights-of-
way.
Communications facilities, or wireless facilities or utilities which have been constructed or placed in the
village's public rights-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 the person or provider
complies with the registration provisions of this article. Providers with existing communications facilities,
wireless communications facilities or utilities have 180 days from the effective date of this article to
comply with the terms of this article, or be found in violation thereof.
Sec. 63-33. -Involuntary termination of registration.
(a)Termination events.The village manager may terminate a registration if:
(1)A federal or state authority suspends,denies, revokes a registrant's certification or license required to
provide communications services; or
(2) The registrant's placement or maintenance of a communications facility, including wireless
communications facilities a including wireless support structures in the village's public rights-of-way
presents an extraordinary 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 notice from the village;or
(3) Reserved.
(4)The registrant violates F.S. § 843.165, as same may be amended from time to time; or
(5) The registrant abandons all of its communications facilities, including wireless communications
facilities and wireless support structures in the village's public rights-of-way without complying with the
abandonment provisions of this article; or
(6) The registrant commits substantive and material repetitive violations of any of the provisions of this
article.
(b) Notice of intent to terminate. Prior to termination, the registrant shall be notified by the village
manager, with a written notice setting forth all matters pertinent to the proposed termination action,
including the applicable subsections (a)(1) through (a)(6) above, and the reason(s) therefore, and
describing the proposed action of the village with respect thereto.The registrant shall have 15 days after
receipt of such notice to address or eliminate the reason or to present a plan, satisfactory to the village
manager to accomplish the same. If the plan is rejected by the village manager,the village manager shall
provide written notice within seven days of such rejection, including a final determination as to
termination of the registration and the terms and conditions relative thereto. The village manager's
decision shall be deemed to be final agency action and the exhaustion of all local administrative remedies.
Any person aggrieved by any decision of the village manager regarding termination of a registration shall
be entitled to pursue any remedy available at law or in equity.
(c) Post-termination action. In the event of termination,the former registrant shall (1) 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 support 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 is subject to appeal as provided in this article, the village may exercise
any remedies or rights it has at law or in equity, including,but not limited to requiring the registrant within
90 days of the termination, or such longer period as may be agreed to by the registrant and Village
Manager, to remove some or all of the Communications Facilities, including wireless communications
facilities and wireless support structures from the village's public rights-of-way and take such steps as are
necessary to render return the village's public rights-of-way to their original condition before the initial
placement of the communications facilities, including wireless communications facilities and wireless
support structures.
(d) Terminated registrant shall fender safe communications facilities remaining in the village's public
rights of way. In any event, a terminated registrant shall.take such steps as are necessary to render safe
every portion of the communications facilities, including wireless communications facilities and wireless
support structures remaining in the village's public rights-of-way.
(e) When removal not authorized. In the event of termination of a registration, this section does not
authorize the village to cause the removal of facilities used to provide another service for which the
registrant or another person who owns or exercises physical control over the facilities holds a valid
certification or license with the governing federal or state agency,if required,for provision of such service,
and is registered with the village, if required.
DIVISION 3.- PERMITTING
Sec. 63-34.-Permit requirements and conditions.
(a) Permit required; conditions.
(1) A registrant shall not commence to place or maintain a communications facility, wireless
communications facility, or wireless support structure, utility, or other facility in a village public right-of-
way or to perform work involving excavation, closure of a sidewalk, closure of a vehicular lane or closure
of a parking lane, until all applicable permits, if required, have been issued by the village, except in the
case of an emergency as provided for in section 63-34(s) herein;: or unless the registrant is performing
service restoration to an existing Communications facility and the work is done in compliance with the
2017 Edition of the Florida Department of Transportation Utility Accommodation Manual. In such
instances; however, the registrant shall obtain an after-the-fact permit for work which would otherwise
require q permit; or as otherwise exempt from permitting requirements as specified in this articled
(2) The . _ _ _ . _ _ _ _ _ . _ - _ -•• , -- village may impose
reasonable conditions governing the placement or maintenance of a communications facility, wireless
communications facility,or wireless support structure,utility,or other facility in the village's public rights-
of-way related to the public, health, safety and welfare as permitted and set forth in F.S. § 337.401 and
as regulated by the Florida Advanced Wireless Infrastructure Deployment Act as set forth at F.S. §
337.401(7), as same may be amended from time to time; however, no such imposed conditions shall
prohibit or otherwise adversely impact the provision of communications services or wireless services.
(3) Permits shall apply only to the areas of the village's public rights-of-way specifically identified in the
permit. - _ - --•- _ -- - -- - - -'• - - - . •.. - •- - - • •- - - - •- -
communications facility, wireless communications facility, wireless support structure, utility, or other
village shall consider the following standards and minimum requirements when reviewing and processing
a permit application and when imposing reasonable permit conditions(permits for wireless infrastructure
providers to place or maintain utility poles in the village's public rights of way to support the co location
of small wireless facilities, and permits to co locate small wireless facilities shall be governed by
subsections(b)(14), (15) and (16) below):
{1) Sufficiency of space to accommodate present and pending applications for use of the village's public
rights of way. The sufficiency of space to accommodate all of the present and pending applications to
place communications facilities, wireless communications facilities, wireless support structures, utilities,
village's public rights of way, which may require that meters, other ground equipment and similar and
associated facilities be located on or directly adjacent to the pole or support structure upon which an
antenna is located; and
(2) Sufficiency of space to accommodate the Village's need for public improvements. The sufficiency of
improvements plan that the Village determines in the best interest of the public,which may require that
meters,other ground equipment and similar and associated facilities be located on or directly adjacent to
{3) Impact on traffic and public safety.The impact on traffic and traffic safety, including but not limited to
(1) Impact on existing facilities. The impact upon existing facilities in the village's public rights of way,
which may require that meters, other ground equipment and similar and associated facilities be located
{5) Distance separation from edge of pavement. 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 in violation of the State of Florida Department of
Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for
village shall have the authority to reduce any offset where that offset cannot be reasonably obtained,and
-.- •_ - -- _ - •- _ .. - • h the above referenced manual, which may require that
{6) Distance separation from 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 foot of a sidewalk that is five feet or less in width, which may
require that meters,other ground equipment and similar and associated facilities be located on or directly
{7) Installation at outermost boundary of village's public rights of way. The placement of new
communications facilities, wireless communications facilities, wireless support structures, utilities, or
and at the farthest distance practicable from the centerline thereof and edge of pavement.To the extent
requirements of this article,then the village or the registrant may propose,and the registrant may include
other requirement of this article. Compliance with this subsection may require that meters,other ground
equipment and similar and associated facilities be located on or directly adjacent to the pole or support
structure upon which an antenna is located.
(4){8)Compliance with other codes. All work regulated by this article shall comply with applicable codes
including the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual;
as same may be amended from time to time. In addition, such work shall comply with F.S. Ch. 333, as
applicable, and federal regulations pertaining to airport airspace protections.
(b) Permit applications. Permit applications to place or maintain a communications facility, wireless
communications facility,or wireless support structure, utility,or other facility in the village's public rights-
of-way shall contain the following information; however, except that permit applications for wireless
infrastructure providers to place or maintain utility poles in the village's public rights-of-way to support
the co-location of small wireless facilities are governed by the requirements of subsection (14) herein
below, and permit applications for the co-location of small wireless facilities only are governed by the
requirements of subsections (15) and (16) herein below:
(1) Site plan. A site plan that shows the location of the proposed facilities in the village's public rights-of-
way, in a hard copy format or electronic format specified by the village. For above ground facilities, the
site plan shall be signed and sealed by a Florida licensed professional engineer. The site plan shall also
include:
(i) A description of the facilities to be installed, where the facilities are to be located, and the size,
dimensions and height of the proposed facilities that will be located in the village's public rights of way;
at4.
(ii) For new communications facility poles or wireless support structures,the number of co locations the
(iii} A statement signed and sealed by a Florida licensed professional engineer attesting that the new
above ground facilities are communications facility pole or wireless support structure is designed to meet
Florida Building Code Chapter 16 "Structural Design Requirements" specifically with respect to wind
loading criteria for high velocity hurricane zones.
(2) Description of installation or construction.
(i) A description of the manner in which the facility will be installed and/or modified (i.e. anticipated
construction methods or techniques).
(ii)A description of stealth design to be utilized,see Village code section 63-35(B).
(iii)Alternatively,a signed and sealed statement from a Florida licensed professional engineer that stealth
design cannot be utilized on any particular facility and providing documentation demonstrating to the
satisfaction of the village that the proposed facility cannot employ stealth design and the proposed
exterior location and configuration of equipment proposed are the minimum equipment necessary to
achieve the needed function.
(3)Temporary sidewalk closure plan.A temporary sidewalk closure plan, if appropriate,signed and sealed
by a Florida licensed professional engineer, given the facility proposed, to accommodate placement or
maintenance of the communications facility, wireless communications facility, or wireless support
structure, utility,or other facility.
(4) Temporary modification of traffic (MOT) plan. A temporary traffic lane closure and management of
traffic(MOT) plan, if appropriate, signed and sealed by a Florida licensed professional engineer,given the
facility proposed, to accommodate installation and/or modification of the communications facility,
wireless communications facility, or wireless support structure, utility,or other facility.
(5) Capacity of abutting village public rights-of-way to accommodate the cumulative impact of the
proposed facility and other facilities within the village's public rights-of-way. Information that the
proposed facility will not materially interfere with other existing and proposed facilities, including below
grade,at-grade and above grade facilities, in the village public rights-of-way, if available(such information
shall be provided without certification as to correctness,to the extent obtained from other persons).
(6) Restoration plan and cost of restoration of the village's public right-of-way.Given the facility proposed,
a restoration plan and an estimate of the cost of restoration of the village's public rights-of-way.
(7)Timetable for construction or installation and intended areas of service.The timetable for placement
or maintenance of the proposed facility or each phase of the placement or maintenance thereof,and the
intended areas of the village to be served by the communications facility, wireless communications
facility,wireless support structure, utility, or other facility.
(8) Certification as to removal of abandoned facilities. The applicant shall certify that any and all of its
abandoned facilities within the village's public rights of way has or have been removed, and indicating
the prior location of such abandoned facilities.
(9) Information regarding 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
facilities communications facility poles and wireless support structures in the village's public rights-of-way
within a 350 foot radius of the proposed new communications facility, wireless communications facility,
wireless support structure, utility, or other facility (such information may be produced without
certification as to correctness to the extent obtained from other persons registrants with facilities in the
village's public rights of way). Pursuant to the Advanced Wireless Infrastructure Deployment Act set forth
at F.S. § 337.401(7), 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 or the placement of a new utility
pole to support a small wireless facility.
(10) Identification of all above-grade structures within the village's public rights-of-way within a 350 foot
radius. In order to assess the impacts on the village's public rights-of-way resources, the impact on
properties within the permit area, and the potential for co-locations or use of existing structures,
identification of all above-grade structures in the village's public right-of-way within a 350 foot radius of
the proposed new communications facility, wireless communications facility, wireless support structure,
utility, or other facility (such information may be produced without certification as to correctness to the
extent obtained from other persons registrants with facilities in the village's public rights of way).
Pursuant to the Advanced Wireless Infrastructure Deployment Act set forth at F.S. § 337.401(7), 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 or the placement of a new utility pole to support a small wireless
facility.
(11)Affidavits.
(i) An application for a permit to install a new communications facility, wireless communications facility,
wireless support structure, utility,or other facility new facilities other than new Utility poles to support a
Small wireless facility(as opposed to Co-locations or applications to use an existing structure, or wireline
pole attachment installations made in the communication space of utility poles or other poles) shall
include an affidavit from a Florida licensed professional engineer setting forth all the facts relied upon in
the applicant's attempt to both co-locate or attach the proposed new communications facility, wireless
communications facility,wireless support structure, utility,or other facility on an existing structure within
the village's public rights-of-way,as well as on property outside the village's public rights-of-way within a
350 foot radius of the proposed new facility.
(ii) An application for co-location shall include an affidavit from the owner of the facility or existing
structure being co-located upon that the applicant has been granted permission to attach to the facility
or existing structure being co-located upon.
(12)Registrant agrees to indemnification.A statement shall be included within the application for a permit
that by execution of the application and by applying for the permit,the registrant agrees to be bound to
the village with respect to the indemnification provisions set forth in section 63-39 herein as though such
indemnification provisions are set forth verbatim in the permit application.
(13) Additional information as reasonably required for review of permit application. Such additional
information as the village finds reasonably necessary with respect to the placement or maintenance of
the communications facility, wireless communications facility, or wireless support structure, utility, or
other facility that is the subject of the permit application to review such permit application, which
information may include, but is not necessarily limited to evidence satisfactory to the village that the
proposed facility will not pose a risk of explosion, fire, or other danger to life or property due to its
proximity to volatile, flammable, explosive or other dangerous chemicals, and a written statement from
a qualified radio frequency engineer that the construction and placement of the proposed facility
complies with FCC rules and regulations governing communications services including but not limited to
the emergency alert system when applicable, emissions standards, and non-interference with public
safety communications.
(14)Permits to place or maintain wireless infrastructure only.A wireless infrastructure provider may apply
for a permit to place or maintain utility poles in the village's public rights-of-way to support the co-location
of small wireless facilities.The permit application must include attestation that small wireless facilities will
be co-located on the utility pole or wireless support structure and will be used by a wireless services
provider to provide wireless service within nine months after the date the permit application is approved
by the village.All such applications shall be processed according to applicable timeframes and applicable
codes.
(15) Small wireless facility co-location permit application consolidation. Pursuant to the Advanced
Wireless Infrastructure Deployment Act set forth at F.S.§337.401(7),as same may be amended from time
to time, an applicant seeking to co-locate small wireless facilities, including any new utility poles to
support the small wireless facility,within the village may, at the applicant's discretion,file a consolidated
application for a single permit for the co-location of up to 30 small wireless facilities and any related utility
poles.Within any such consolidated application,the village may separately address co-locations for which
incomplete information has been provided, or which are denied.
(16) Permits to co-locate small wireless facilities only. Notwithstanding the foregoing Permit application
requirements contained in this subsection, pursuant to the "Advanced Wireless Infrastructure
Deployment Act" as codified at F.S. § 337.401(7) and as specified in § 337.401(7)(4, Permit applications
to co-locate small wireless facilities, including any new utility poles to support the small wireless facility,
are only required to contain information sufficient to demonstrate that the requested co-location
complies with applicable codes in the locations specified in the application. The village may deny an
application to co-locate small wireless facilities or place a utility pole to support a small wireless facility,
only if the proposed co-location or utility pole to support a small wireless facility:
(i) Materially interferes with the safe operation of traffic control equipment.
(ii) Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety
purposes.
(iii) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or
state standards regarding pedestrian access or movement.
(iv) Materially fails to comply with the 2017 2010 edition of the Florida Department of Transportation
Utility Accommodation Manual.
(v) Fails to comply with applicable codes.
(vi) Fails to comply with objective design standards for wireless providers as stated in Sec. 63-35.
(c) Permit does not create a property right; program areas where overhead utilities are being placed
underground. A permit from the village constitutes authorization to undertake only certain activities in
the village's public rights-of-way in accordance with this article, and does not create a property right or
grant authority to impinge upon the rights of others who may have an interest in the village's public rights-
of-way,nor does it create a property right to maintain a communications facility,wireless communications
facility,or wireless support structure,utility,or other facility where the village has required all public utility
lines in the village's public rights-of-way to be placed underground in the area included in the permit
application - - - . •- - - - - - • - - - - - - -- -- = - • - - _ - ' -
underground such overhead facilities. In regard to such public rights-of-way,the village may prohibit the
placement and maintenance of new utility poles for small wireless facilities if:
(1)the village has,at least 90 days prior to receipt of the permit application, required all public utility lines
to be placed underground; and
(2) There remain structures above ground that are reasonably available to wireless providers for the co-
location of small wireless facilities and may be replaced by a wireless provider to accommodate the co-
location of small wireless facilities; and
(3)the wireless provider may install a new utility pole in the designated area of the village's public right-
of-way that otherwise complies with this subsection, and it is not reasonably able to provide wireless
services by co-locating on a remaining utility pole of other structure in the village's public right-of-way.
(d)Avoidance of unreasonable interference with village public rights-of-way.
(1)All new communications facilities,wireless communications facilities,and wireless support structures,
utilities,or other facilities shall be placed or maintained so as not to unreasonably interfere with the use
of the village's public rights-of-way by the public,which may require that meters,other ground equipment
and similar and associated facilities be located on or directly adjacent to the pole or support structure
upon which an antenna is located.
(2) Trenchless technology and joint trenching. The use of trenchless technology (i.e. directional bore
method) for the installation of wireline Facilities in the Village's Public Rights-of-way as well as joint
trenching for the Placement of Facilities in existing conduit is strongly encouraged and should be
employed wherever feasible.
(e) Avoidance of interference, displacement, damage or destruction, or destruction of other facilities. A
registrant shall not place or maintain its communications facilities,wireless facilities, or wireless support
structures, utilities, or other facilities so as to interfere with, displace, damage or destroy any facilities,
including but not limited to sewers, gas or water mains, storm drains, storm drainage lines, pipes, cables
or conduits of the village or any other person's facilities lawfully occupying the village's public rights-of-
way.
(f)Coordination with other work in village public rights-of-way. Upon request of the village,and as notified
by the village of other work, construction, installation or repairs referenced below, a registrant may be
required to coordinate placement or maintenance activities under a permit with any other work,
construction, installation or repairs that may be occurring or scheduled to occur within a reasonable
timeframe in the subject village public right-of-way, and the registrant may be required to reasonably
alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance
in the village's public rights-of-way and minimize any interference with the existing communications
facilities,wireless support structures, utilities, or other facilities.
(g)Temporary raising and lowering of facilities as accommodation. Subject to applicable law, a registrant
shall, on the request of any person holding a permit issued by the village, temporarily support, protect,
raise or lower its wireline facilities to permit the work authorized by the permit within the village's public
rights-of-way.The expense of such temporary support, protection, raising or lowering of facilities shall be
paid by the person requesting the same, and the registrant shall have the authority to require such
payment in advance.The registrant shall be given not less than 30 days advance written notice to arrange
for such temporary relocation. If the village requests the temporary support, protection, raising or
lowering of a facility for a public purpose, the village shall not be charged for the temporary support,
protection, raising or lowering of the facility unless as otherwise provided by F.S. §§ 337.403 or 337.404.
(h)Restoration of village public rights-of-way.After the completion of any work involving communications
facilities, wireless facilities, or wireless support structures, utilities, or other facilities in a village public
right-of-way or each phase thereof, a registrant shall, at its own expense, restore the village public right-
of-way to its existing condition prior to such work. If the registrant fails to make such restoration within
30 days,or such longer period of time as may be reasonably required under the circumstances,following
the completion of such placement or maintenance work,the village may perform restoration and charge
the costs of the restoration against the registrant in accordance with F.S. § 337.402, as same may be
amended from time to time. For 12 months following the original completion of the work, the registrant
shall guarantee its restoration work and shall correct any restoration work that does not satisfy the
requirements of this article at its own expense.
(i) Removal or relocation governed by State law; conversion of overhead facilities to underground
facilities.
(1)Removal or relocation at the direction of the Village of a registrant's communications facilities,wireless
facilities, or wireless support structures, utilities, or other facilities in a village public right-of-way shall be
governed by the provisions of F.S. §§ 337.403 and 337.404, as same may be amended from time to time.
Relocation or removal may be required at the registrant's sole expense for,among other reasons,conflicts
with village drainage or transportation facilities.
(2) Subject to applicable provisions of law, whenever existing overhead utility facilities are converted to
underground facilities, any registrant having communications facilities located in village public rights-of-
way on a communications facility pole,wireless support structure,utility 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. Wireless facilities installed before the
Village approved the conversion of overhead utility facilities underground shall be allowed to remain
subject to any applicable pole attachment agreement with the pole owner or wireless providers may
replace the associated pole within 50 feet of the prior location in accordance with objective design
standards for wireless providers as stated in Sec. 63-35.
(j) Maintenance in accordance with industry standards and applicable law. A registrant shall maintain its
communications facilities,wireless facilities and wireless support structures, utilities,or other facilities in
good condition, order and repair in a manner consistent with accepted 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-way. Such facilities shall be maintained reasonably free of dirt and grease, rust and
corrosion in visible metal areas,chipped,faded, peeling and cracked paint that is visible from the village's
public right-of-way at grade. All such conditions shall be remedied within ten working days from receipt
of notice thereof from the village.
(k) Maintenance of graffiti plan. Communications facilities, wireless facilities and wireless support
structures, utilities, or other facilities within the village's public rights-of-way, including any appurtenant
features incorporated therewith under this article shall be maintained so that
(4} They are free of graffiti visible from the village's public rights-of-way or surrounding properties at
grade. All graffiti shall be removed within ten working days from receipt of notice thereof by the village;
ate.
(2)They are reasonably free of dirt and grease, rust and corrosion in visible metal areas, chipped,faded,
peeling and cracked paint that is visible from the village's public right of way at grade.All such conditions
shall be remedied within ten working days from receipt of notice thereof from the village.
(I) Safety practices; encourage strengthening utility infrastructure and infrastructure hardening plan. All
safety practices required by applicable law or accepted industry practices and standards shall be used
during the placement or maintenance of communications facilities,wireless facilities and wireless support
structures, utilities, or other facilities. The village's policies strongly favor strengthening 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
facilities and wireless support structures, utilities, or other facilities placed or maintained within the
village's public rights-of-way.
(m) Underground facility damage prevention and safety act. In connection with excavation in the village's
public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage
Prevention and Safety Act set forth in F.S. ch. 556, as same may be amended from time to time.
(n) Use of due caution Registrants shall use and exercise due caution,care and skill in performing work in
the village's public rights-of-way and shall take all reasonable steps to safeguard work site areas,including,
but not limited to those safeguards set forth in Chapter 33 of the Florida Building Code.
(o) No warranties or representations regarding fitness, suitability or availability of village public rights-of-
way. The village makes no warranties or representations regarding the fitness, suitability, or availability
of the village's public rights-of-way for the registrant's communications facilities, wireless facilities or
wireless support structures, utilities, or other facilities. Any performance of work, costs incurred or
services provided by the registrant shall be at the registrant's sole risk. Nothing in this article shall affect
the village's authority to add, vacate or abandon its public rights-of-way, and the village makes no
warranties or representations regarding the availability of any added,vacated or abandoned public rights-
of-way for communications facilities, wireless facilities or wireless support structures, utilities, or other
facilities.
(p) Right of inspection.The village shall have the right to make such visual inspections of communications
facilities, wireless facilities and wireless support structures, utilities, or other facilities placed or
maintained in its public rights-of-way as it finds necessary and upon reasonable notice to ensure
compliance with this article.
(1) Upon completion of work authorized by any permit, in the event that field work resulted in changes
from the permit plans, the registrant shall furnish to the village, at no cost to the village, one complete
set of sealed "as-built" plans, or in the case of any undergroundutility facilities, a sealed survey showing
the exact location of such facilities, including their depth; or in either case, such other documentation
describing the location (including height or depth, as the case may be) of facilities as the village may
approve or require.
(2) 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 village.
(3)This requirement shall be in addition to,and not in lieu of,any filings the registrant is required to make
under the Underground Facility Damage Prevention and Safety Act set forth in F.S. ch. 556 as same may
be amended from time to time.
(4)The fact that such "as-built" plans or survey is on file with the village shall in no way abrogate the duty
of any person to comply with the aforesaid Underground Facility Damage Prevention and Safety Act when
performing work in the village's public rights-of-way.
(5) Any proprietary confidential business information obtained from a registrant in connection with a
permit application shall be held confidential by the village to the extent required by F.S. § 202.195, as
same may be amended from time to time,provided the registrant so notifies the village which information
is confidential in accordance with state Florida's public records laws.
(q) Florida Building Code; high velocity hurricane zone. In addition to the requirements of this article, all
permitted facilities shall comply with the applicable provisions of the Florida Building Code.
Communications facilities, wireless facilities and wireless support structures, utilities, or other facilities
shall be considered to be structures under Building Risk Category IV, Structures, Chapter 16 Section 1620
- 1621, High Velocity Hurricane Zone Area. Signed and sealed design and wind load calculation shall be
provided by a Florida licensed professional engineer and a permit under the Florida Building Code shall be
required.
(r) Permit processing procedures and timeframes; "Shot Clock".The village's action on proposals to place
or maintain communications facilities,wireless facilities and wireless support structures, utilities,or other
facilities shall be subject to the standards and time frames set out in F.S. § 365.172, as same may be
amended from time to time; and 47 U.S.C. § 1455 (a) and orders issued by the FCC, as same may be
amended from time to time. All federal and state "shot clock" timeframe guidelines that apply to any
particular permit are hereby recognized by the village. Applications for permits pursuant to F.S. §
337.401(7), shall be handled as follows: The village shall notify applicants for permits via e-mail of all
determinations regarding the completeness of an application and of all approvals or denials of same.The
village shall determine,within 14 days after the date of filing an application for the co-location of a small
wireless facility or for the placement of a new utility pole intended to support a small wireless facility,
whether the application is complete. If an application is deemed incomplete, the village shall notify the
applicant by electronic mail and specifically identify the missing information. An application shall be
deemed complete if the village fails to notify the applicant otherwise within 14 days after the date of filing
the application. Denials shall specify the basis for the denial,including specific code provisions upon which
the denial is based. Denials shall be sent via e-mail on the same day that the denial determination is made.
The applicants may cure the deficiencies identified by the village and resubmit the application within 30
days after the notice of denial is sent to the applicant. The village shall approve or deny the revised
application within 30 days after receipt or the application is deemed approved. Subsequent review shall
be limited to the deficiencies cited in the denial. A complete application is deemed approved if the village
fails to approve or deny the application within 60 days after receipt of the application. Negotiation
regarding alternative locations shall extend the approval timeframe as set forth in section 63-35(k) and
(m).
(s) Routine maintenance and emergency notices and permits. In the case of routine maintenance
(including service restoration work on existing wireless and wireline facilities1 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, or
extensions of existing facilities for providing communications services to customers, a registrant shall
provide at least three business days'advance written notice to the village identifying the areas where such
maintenance will occur,scope of maintenance,date(s)and duration of work to be performed. In the event
any such work will interfere or impact the village's drainage,transportation facilities, including sidewalks,
any required lane closure,sidewalk closure or drainage permits will be required prior to the commencing
of any work governed by this article unless the provider is performing service restoration on an existing
facility and the work is done in compliance with the 2017 edition of the Florida Department of
Transportation Utility Accommodation Manual. In the case of an emergency, a registrant may restore its
damaged facilities in the village's public rights-of-way to their pre-emergency condition or replace its
destroyed facilities in the village's public rights-of-way with facilities of the same size, character and
quality, all without first applying for or receiving a permit.
(1)The term "emergency" shall mean a condition that affects the public's health, safety or welfare,which
includes an unplanned out-of-service condition of a pre-existing service.
(2) A Registrant shall provide prompt notice to the village of the emergency repair or replacement of a
communications facilities, wireless facilities or wireless support structures, utilities, or other facilities in
the village's public right-of-way, and shall be required to obtain an after-the-fact permit if a permit would
have originally been required to perform the work undertaken in connection with the emergency.
(3) Permits are required for any work that involves excavation of a sidewalk or closure of a vehicular lane
or parking lane, unless the provider is performing service restoration on an existing facility and the work
is done in compliance with the 2017 edition of the Florida Department of Transportation Utility
Accommodation Manual,in which case the provider shall be required to provide the Village notice of such
work within 30 days of its completion and shall be required to obtain an after-the-fact permit if a permit
would have originally been required.
(t) Issuance of permit in violation of code or construction in violation of code.
(1)The issuance of a permit for communications facilities,wireless facilities or wireless support structures7
utilities, or other facilities shall not be construed as a right to placement or maintenance of
communications facilities, wireless support structures, utilities, or other facilities that fail to meet the
requirements of this article.
(2)The issuance of a permit for communications facilities,wireless facilities or wireless support structures7
Utilities,or other facilities shall not be deemed or construed to be a permit for or approval of any violation
of any of the provisions of this article. A permit presuming to give authority to violate or cancel the
provisions of this chapter shall be void and invalid except insofar as the work or use which it authorizes is
lawful.
(u) Permit errors. The issuance of a permit shall not prevent the village from thereafter requiring the
correction of errors when in violation of this chapter.
(v) No permit fees for work under this article. Pursuant to F.S. 337.401(3) (c) (1) (b), as same may be
amended from time to time, and other applicable provisions of law, and notwithstanding any other
provisions of this Code,the village hereby elects not to charge permit fees to any registrant for permits to
do work in the village public rights-of-way under this article. Pass-through providers shall be subject to
the fees set forth at section 63-45.
(w)Small wireless facility co location permit application consolidation.Pursuant to the Advanced Wireless
infrastructure Deployment Act set forth at F.S. §337.401(7),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
facilities. Within any such consolidated application, the village may separately address co locations for
which incomplete information has been provided, or which arc denied.
Sec. 63-35. - Standards for design ; prevention of pole
proliferation and saturation of village public rights-of-way.
(a) In general. Communications facilities, wireless facilities and wireless support structures, utilities, and
other facilities shall be designed in such a manner that the facilities are compatible with adjacent
properties and minimize any negative visual impact on the adjacent properties. In order to achieve
compatibility with adjacent properties and to minimize the negative visual impact on adjacent properties,
the following regulations shall apply, unless waived pursuant to this section.
(b) Stealth design. Stealth design _ _ • . - _ . ' ' •- , ..' - - -_-_ - - - , - ' ' •- , _
other facilities shall be utilized wherever possible in order to minimize the visual impact of
communications such facilities, including wireless facilities and wireless support structures on adjacent
properties and in order to eliminate the need to locate any ground or elevated equipment on the exterior
of a facility or existing structure.Stealth design is not required with respect to Co-location of Small wireless
facilities or wireline pole attachment installations made in the communication space of utility poles.
Stealth design features may include, but are not limited to,the following:
(1) For new communications facilitypoles . ' ' __ - _ - .. ..• - - ____ - -
, as well as
existing facilities f,tructures in the village's public rights-of-way,top mounted antennas within enclosures
that do not extend more than ten feet above the supporting structure, or side mounted antennas within
enclosures that extend no more than two feet beyond the exterior dimensions of the supporting structure
at the level of antenna attachment. Nothing contained in this subsection is intended to restrict the placing
and maintaining of small wireless facilities pursuant to the Florida Advanced Wireless Infrastructure
Deployment Act, as integrated into this article and as set forth at F.S. § 337.401(7), as same may be
amended from time to time.
(2) New wireless support structures for small wireless facilities shall incorporate 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 incorporate a design with similar features,
colors,textures, etc.
(3) The use of foliage and vegetation based on conditions of the specific area where the facility is to be
located.Trees, if appropriate, shall be determined and approved by the village under separate permit.
(4) Equipment wraps.
(5) FIS Banner poles.
(6)Street light fixtures.
(7) Other stealth design proposed by an applicant and approved by the village based on unique
circumstances applicable to the facility or the location or both.
(8)Artificial replication of trees or other natural objects is prohibited.
(c) No signage. Registrants shall not place or maintain signage on communications facilities, wireless
facilities or wireless support 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 signage before being repurposed may continue to support signage as
otherwise permitted by law or this Code,as same may be amended from time to time.
(d) Exterior finish. Communications facilities, wireless facilities and wireless support structures, utilities,
or other facilities not requiring FAA painting or marking, shall have an exterior, hard durable finish which
enhances compatibility with adjacent uses, as approved by the village.
(e) Lighting.Communications facilities,wireless facilities and wireless support structures,utilities,or other
facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable
federal, State, or local rule, regulation, the FAA or law; provided, however, the village may require the
installation of a street light on a new communications facility pole or wireless support structure or an
existing structure functioning as a light pole.
(f) Height restrictions. Subject to the equipment volume and antenna volume limitations included in this
section,A communications facility,wireless facility or facilities,wireless support structures, utilities, or
other facilities, including any attached antennas, shall not exceed the following height:
(1)Arterial roads, collector roads and local roads.The top of the uppermost antenna array, or co-located
or attached equipment, on a new communications facility pole not part of a Small wireless facility ef-a
new wireless support structure shall not exceed the height of the closest light pole on that same road.
(2)Top mounted antennas not part of a small wireless facility may extend an additional four feet in height
in excess of the height limitations set forth in (f) (1) above.
(3) For each co-location or repurposed structure not part of a Small wireless facility, top mounted
antennas not part of a small wireless facility may extend an additional six feet in height in excess of the
height limitations set forth in (f) (1) above.
(4)All antennas shall be no less than eight feet above grade.
(5) The maximum height of any small wireless facility shall be ten feet above the utility pole or wireless
support structure upon which the facility is placed,maintained or co-located. Unless waived by the village,
the maximum height for any new utility pole or wireless support structure shall not exceed the tallest
existing utility pole as of July 1, 2017 in the same right-of-way,other than a utility pole for which a waiver
has previously been granted, measured from grade in place within 500 feet of the proposed location for
the new utility pole or wireless support structure; or 50 feet if there is no existing utility pole in the same
right-of-way within 500 feet of the proposed location for the new utility pole or wireless support structure.
(g) Design standards for facilities other than Utility poles and Wireless support structures used to support
Small wireless facilities Equipment and antenna volume.
(1) Subject to height limits, and antenna vola"'e limits, a Equipment volume. Equipment that may be
associated with communications facilities{other than small wireless facilities which are regulated above)
attached to an existing structure or a new communications facility pole or a new wireless support
structure located in the village's public right of way, not including electric meters,concealment elements,
telecommunications demarcation boxes,ground-based enclosures,grounding equipment,power transfer
switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility
poles or other above grade support structures, shall not exceed 17 cubic feet.
(2) Antenna volume. Subject to height limits and equipment volume limits, e 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 cubic feet in volume. Each antenna that is exposed and
not concealed within a concealment enclosure, shall fit within an imaginary enclosure that does not
exceed six cubic feet.
(3 la) Prohibition against placement on roads where village has plans for sidewalks; preference for arterial
or collector roads. No new communications facility poles facilities, 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 feet in width or more, nor shall
such new communications facilities, wireless support structures, utilities, or other facilities or other new
support structure be located in such a manner that would preclude a five foot clear pathway for the
planned sidewalk. Otherwise, new communications facility poles . ' ' - - --= - - - ,
utilities, or other facilities or other new support structures shall generally be placed and maintained in
arterial or collector roads whenever possible. Placement of new communications facility poles 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 applicant to the satisfaction of the
village prior to the issuance of any permit. Compliance with this requirement may require that facilities
such as meters and other ground equipment be located on or directly adjacent to the pole or support
structure upon which the antenna is located.
(4 +) Minimum distance separation from edge of pavement. No new communications facility poles
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 in violation of minimum distance separation from
edge of pavement in accordance the State of Florida Department of Transportation Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and Highways, as same may
be amended from time to time. In accordance with said manual, the village shall have the authority to
reduce any offset where that offset cannot be reasonably obtained, and other alternatives are deemed
impractical. Additionally, the village shall have the authority to decide reductions in the clear zone in
accordance with the above referenced manual. Compliance with this requirement may require that
facilities such as meters and other ground equipment be located on or directly adjacent to the pole or
support structure upon which the antenna is located.
(5 f) Minimum distance separation from existing sidewalk. No new communications facility poles 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 foot of an existing sidewalk that is five 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, repurposed structures are exempt from this requirement. The placement of new utility
poles for purposes of the installation of a small wireless facility arc strongly encouraged to comply with
this distance separation. Compliance with this requirement may require that facilities such as meters and
other ground equipment be located on or directly adjacent to the pole or support structure upon which
the antenna is located.
(6 4) Distance separation between communications facility poles and wireless support structures and
other new support structures in village public rights-of-way. Communications facility poles, wireless
support structures and other new support structures in the Village's public rights-of-way must be spaced
a minimum of 350 linear feet apart from each other, along the line of general vehicular travel,except that
no distance requirement shall apply to co-locations, repurposed or existing structures. Compliance with
this requirement may require that facilities such as meters and other ground equipment be located on or
directly adjacent to the pole or support structure upon which the antenna is located. Pursuant to the
Advanced Wireless Infrastructure Deployment Act set forth at F.S.§337.401(7),as same may be amended
from time to time, distance separation between the co location of small wireless facilities, including any
new utility pole to support a small wireless facility, shall not be applied. However, within 14 days of the
date of the filing of a permit application for placement of small wireless facilities,the village may request
relocation of a proposed small wireless facility and/or placement of the small wireless facility on an
applicant shall negotiate pursuant to the Advanced Wireless Infrastructure Deployment Act set forth at
(7 I) Sight distance. No new communications facilities, wireless support structures, utilities, or other
facilities or other new support structures shall be constructed or installed within a triangular shaped area
of land, known as a "clear site triangle" as defined in the Florida Department of Transportation Manual of
Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways.
{m)-€mphasis on arterial or collector roadways.Registrants seeking to place or maintain a communications
facility pole or a wireless support structure in the village's public rights of way shall locate their facilities
in arterial or collector roads, whenever possible. Sec 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 way 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 the areas proposed in the application. Pursuant to
amended from time to time, this requirement shall not be applied to applications for the co location of
small wireless facilities,including any new utility pole to support a small wireless facility,. However,within
14 days of the date of the filing of a permit application for placement of small wireless facilities,the village
may request relocation of a proposed small wireless facility and/or placement of the small wireless facility
on an alternative pole or support structure. In the event that such a request is made,the village and the
applicant shall negotiate pursuant to the Advanced Wireless Infrastructure Deployment Act set forth at
regulatory authorities in this article by the county,state or U.S. Department of Transportation or all of the
boundaries of the village on such county, State or federal roads to the extent such authority has been
delegated to the village as stated above.
(8 e) Prohibition against placement in residential front yard. No new communications facility poles
facilities,wireless support structures, utilities, or other facilities or other new support structures shall be
placed within a village public right-of-way that abuts any front yard of a residential property.
(9 e) Limitation on placement in residential corner yards. New communications facility poles facilities,
wireless support structures, utilities,or other facilities or other new support structures within the village's
public rights-of-way abutting a corner yard of a corner lot of a residential property shall not be placed any
closer than ten feet from the side property line of the lot abutting and adjacent to the corner lot.
(10 p) Not significantly impair view from principal structures within residential areas. All new
communications facility poles 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 facility poles or support structures should
be located in areas with existing foliage or other aesthetic features in order to obscure the view of the
facility or support structures within residential areas.The requirements of this subsection shall not apply
to existing structures,when there is a one-to-one use or repurposing of an existing structure.
(h) Design standards for Wireless providers.
(1) A new utility pole that replaces an existing utility pole must be of substantially similar design,material,
and color as the existing utility pole.
(2) A new utility pole used to support a new small wireless facility that does not replace an existing utility
pole must be of substantially similar design, material, and color as the predominant utility pole type at
the location of the new utility pole,and shall comply with the stealth requirements set forth above in part
(b) of this section as well as the applicable location restrictions set forth above.
(3) Ground mounted components of a Small wireless facility may be placed no more than 15 feet from
the associated utility pole or wireless support structure.
(4) All small wireless facilities shall comply with the stealth requirements set forth above in part (b) of
this section as well as the location restrictions set forth above.
(i)County. State or federal delegation of authority to village. Upon delegation to the village of the
regulatory authorities in this article by the county.state or U.S. department of transportation or all of the
foregoing entities, then the village may enforce such regulations in this article within the corporate
boundaries of the village to the extent such authority has been delegated to the village as stated above.
(L Regulations specific to authority utility poles.The following regulations apply to authority utility poles
pursuant to the Advanced Wireless Infrastructure Deployment Act set forth at F.S. § 337.401(7), as same
may be amended from time to time:
(1) Co-location of a small wireless facility on an authority utility pole does not provide the basis for the
imposition of an ad valorem tax on the authority utility pole.
(2)The village may reserve space on authority utility poles for future public safety uses. However, such a
reservation may not preclude the co-location of a small wireless facility. If replacement of the authority
utility pole is necessary to accommodate the co-location of the small wireless facility and the public safety
use, the pole replacement is subject to make-ready provisions and the replaced pole shall accommodate
the future public safety use.
(3) Co-location of small wireless facilities on authority utility poles are subject to the following:
(i) The village may not enter into an exclusive arrangement with any person for the right to attach
equipment to authority utility poles.
(ii)The rates and fees for co-locations on authority utility poles must be non=discriminatory, regardless of
the services provided by the co-locating person.
(iii) The rate to co-locate small wireless facilities on authority utility poles shall not exceed $150.00 per
pole annually.
(iv)Any existing agreements between the village and a wireless service provider relating to co-location of
small wireless facilities in village public rights-of-way that are in effect on July 1,2017 shall remain in effect
subject to applicable termination provisions,except that the wireless provider may accept the rates,fees
and terms established in this chapter for small wireless facilities and utility poles, that are the subject of
an application submitted after same become effective.
(v) By the latter of January 1, 2018, or No later than three months after receiving a request to co-locate
its first small wireless facility on an authority utility pole, the village shall make available rates, fees, and
terms for the co-location of small wireless facilities on authority utility poles that comply with this article
chapter as well as F.S. § 337.401(7), as same may be amended from time to time.
(4) Make ready work.
(i) For an authority utility pole that supports an aerial facility used to provide communications services or
electric service,the parties shall comply with the process for make ready work under 47 U.S.C. s. 224 and
implementing regulations.The good faith estimate of the person owning or controlling the pole to support
the requested co-location must include pole replacement if necessary.
(ii) For an authority utility pole that does not support an aerial facility used to provide communications
services or electric service, the village shall provide a good faith estimate for any make ready work
necessary to enable the pole to support the requested co-location, including necessary pole replacement,
within 60 days after receipt of a complete application. Make ready work, including any pole replacement,
must be completed within 60 days after written acceptance of the good faith estimate by the applicant.
Alternatively,the village may require the applicant seeking to co-locate a small wireless facility to provide
a make ready estimate at the applicant's expense for the work necessary to support the small wireless
facility, including pole replacement, and perform the make ready work. If pole replacement is required,
the scope of the make ready estimate is limited to the design,fabrication, and installation of a utility pole
that is substantially similar in color and composition.The village may not condition or restrict the manner
in which the applicant obtains, develops, or provides the estimate or conducts the make ready work
subject to usual construction restoration standards for work in the village's public right-of-way. The
replaced or altered utility pole shall remain the property of the village.
(iii) The village may not require more make ready work than is required to meet applicable codes or
industry standards. Fees for make ready work may not include costs related to pre-existing damage or
prior non-compliance. Fees for make ready work,including pole replacement,may not exceed actual costs
or the amount charged to communications services providers other than wireless services providers for
similar work and may not include any consultant fee or expense.
(Lr)Waiver of application of the requirements of this section by village engineer.
(1) Nothing in this section shall be construed to prohibit or have the effect of prohibiting the
nondiscriminatory and competitively neutral use of village public rights-of-wayby communications service
providers,communications facility providers,wireless infrastructure providers or pass through providers,
in violation of federal or state law. Nor shall anything in this section be construed as being in violation of
the Florida Advanced Wireless Infrastructure Deployment Act as set forth at F.S. § 337.401(7), as same
may be amended from time to time.
(2) A request for a waiver shall be filed with the village engineer contemporaneously with the permit
application.
(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 information the village may reasonably require to process the waiver request.
(4) The following provisions shall govern the granting or denying of a request for a waiver under the
requirements of this section, and the village engineer shall consider same, as applicable to any particular
waiver request, in determining whether to grant a waiver, other than for small wireless facilities which
are governed by subsection (7) herein below:
(i) A detailed explanation, with supporting engineering or other data, as to why a waiver is required in
order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of the
village's public rights-of-way;
(ii)Availability of other co-location opportunities within the village's public rights-of-way;
(iii)Size and height of the proposed facilities;
(iv) Location and separation distances of the proposed facilities;
(v) Nature and characteristics of the adjacent properties;
(vi)Adjacent and nearby topography,tree coverage and foliage of the adjacent properties;
(vii) Design of the proposed facilities with particular reference to achieving compatibility with the adjacent
properties and elimination of adverse visual impacts of such facilities on the adjacent properties;
(viii)Any other factors the village engineer determines to be relevant.
(5) In granting any waiver,the village engineer may impose conditions to the extent he or she concludes
such conditions are necessary to minimize any adverse effects of the proposed facility on the adjacent
properties or to protect the health,safety and welfare of the village and its residents.
(6) The village engineer shall have authority to grant a waiver if the registrant applicant proves by a
preponderance of the evidence that each of the below criteria have been met in the application for a
waiver,other than for small wireless facilities which are governed by subsection (7) herein below:
(i) There are special conditions and circumstance affecting the proposed site which prevent compliance
with the subsections for which a waiver is being sought; and
(ii)The proposed waiver, if granted, results in a superior site plan; and
(iii)The proposed waiver, if granted, will not be incompatible with the adjacent properties; and
(iv)The proposed waiver, if granted, is ADA compliant; and
(v)The proposed waiver, if granted, complies with FCC regulations; and
(vi)The proposed waiver, if granted, preserves to the village optimum flexibility in its management of its
public rights-of-way; and
(vii)The request applicant for the waiver demonstrates that the item for which the waiver is being sought
would unreasonably discriminate for or against any provider.
(7) Small wireless facilities may be granted a waiver from applicable code requirements, as well as
location, color, stealth, and concealment requirements set forth in this section, to the extent that the
registrant applicant demonstrates that such requirements are not reasonably compatible for the
particular location of the subject small wireless facility, or to the extent that the registrant applicant
demonstrates that such requirements impose excessive expense.The registrant's applicant's burden, and
the village engineer's authority, is the same as set forth in part (6) herein above. Small wireless facility
waivers shall be granted or denied by the village engineer within 45 days after the date of the request.
(s) Limitations.
(1)Nothing contained in this article shall be construed to authorize a person to co-locate or attach wireless
facilities, including any antenna or other facility,on a privately-owned utility pole, a utility pole owned by
an electric cooperative or a village electric utility, a privately-owned wireless support structure, or other
private property without the consent of the property owner.
(2)The approval for the placing or maintenance of a facility pursuant to this article does not authorize the
provision of any voice, data, or video communications services.
(1)Nothing contained 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 facility, on a privately owned
wireless support structure,or other private property without the consent of the property owner.
(2) The approval of the installation, placement, maintenance or operation of a small wireless facility
services, or the installation, placement, maintenance or operation of any communications facilities other
than small wireless facilities in the village's public right of way.
(3) Nothing contained in this article shall be construed to authorize any person to co-locate or attach small
wireless facilities or micro wireless facilities (except for micro wireless facilities on existing and permitted
aerial communications facilities)on a utility pole, unless otherwise permitted by federal law,or to erect a
wireless support structure in a right-of-way located within a retirement community that:
(i) Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b), as same may be
amended from time to time; and
(ii) Has more than 5,000 residents; and
(iii) Has underground utilities for electric transmission or distribution.
(4) Nothing contained in this article shall be construed to authorize any person to co-locate or attach small
wireless facilities including er micro wireless facilities (except for micro wireless facilities on existing and
permitted aerial communications facilities) on an authority utility pole, or to erect a wireless support
structure, in any location subject to covenants, conditions, restrictions, articles of incorporation, and by-
laws of a homeowners'association.
Sec. 63-36.-Florida Advanced Wireless Infrastructure Deployment Act.
The co-location of small wireless facilities and the placement of a utility pole to support small wireless
facilities and micro wireless facilities are subject to the requirements of the Florida Advanced Wireless
Infrastructure Deployment Act as set forth at F.S. § 337.401(7), 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 F.S. § 337.401(7) as same may be amended from
time to time,the provisions of the Florida Advanced Wireless Infrastructure Deployment Act as set forth
at F.S. § 337.401(7) as same may be amended from time to time shall prevail.
DIVISION 4. -ADMINISTRATION AND ENFORCEMENT
Sec. 63-37. -Suspension of permits.
Subject to appeal as provided in section 63-34,the village may suspend or revoke a permit,with no refund
of fees paid thereunder, if any, for placement or maintenance work in the village's public rights-of-way
for one or more of the following reasons which shall be considered to be "a substantial breach":
(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 rights-of-way; or
(b) Misrepresentation or fraud by the registrant in a registration or permit application submitted to the
village; or
(c) Reserved. 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 condition of
the permit,the village shall make a written demand upon the permittee to remedy such violation(s)within
a reasonable time given circumstances, but in no event within less than 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 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.-Appeals.
Final, written decisions of the village 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 30 days of the date of the final, written decision to be appealed. Any appeal
not timely filed as set forth herein shall be waived.The village manager shall consider the appeal and shall
consider whether the appellant 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
aggrieved by any decision of the village manager shall be entitled pursue any remedy available to them at
law or in equity.
Sec. 63-39. -Insurance and indemnification.
(a) Indemnification. Registrants, by registering with the village pursuant to this article, agree to protect,
defend, reimburse, indemnify and hold the village, its agents,employees and elected officers and each of
them free and harmless at all times from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of
whatsoever kind or nature whether arising in any manner directly or indirectly caused, occasioned or
contributed to in whole or in part, by reason of any act, omission or fault, of anyone acting under
registrant's direction or control, or on registrant's behalf in any matter related to registrant's use of the
village's public rights-of-way or any property registrant is entitled or authorized to use as a result of the
registration, permit or other authorization. Registrant's aforesaid indemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in
no event shall they apply to liability caused by the negligence or willful misconduct of third parties or of
the village, its respective agents, servants, employees or officers. Nothing contained in this section shall
be construed or interpreted: (1) as denying to either party any remedy or defense available to such party
under the laws of the State of Florida; (2) as consent by the Village to be sued; or (3) as a waiver of
sovereign immunity beyond the waiver provided in F.S. §768.28,as it may be amended from time to time,
including limits on attorney's fees, be waived.These indemnification requirements shall survive and be in
full force and effect after the termination or cancellation of any registration.
(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. All insurance shall be from responsible companies duly authorized to do business in Florida and
having an A.M. Best A-VII or better rating.All liability policies shall provide that the Village is an additional
insured as to the activities under this article. All insurance under this article shall be in the amounts no
less than the amounts set forth below:
(1) Workers' compensation insurance within Florida statutory limits and employers' liability insurance
with minimum limits of$100,000.00 each accident.
(2) Comprehensive general liability insurance with minimum limits of $3,000,000.00 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$2,000,000.00 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 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 coverage shall be deemed a violation of this article. Failure to maintain
all the required insurance coverage shall be deemed a violation of this article subject to a notice of
violation and a reasonable opportunity to cure. Failure to cure the violation with in the timeframe
contained in the notice shall be subject to an enforcement hearing and potential penalties, including
termination of registrations or permits.
Sec. 63-40. -Performance bond.
(a) Prior to issuing a permit under this article where the work under the permit will require restoration of
the village's public rights-of-way,the village may require a performance bond by a surety duly authorized
to do business in the State of Florida and having an A.M. Best A-VII rating or better.The bond, if required,
shall be in the amount of 125 percent of the restoration cost estimate of the village's public rights-of-way,
as certified by a professional engineer licensed in the State of Florida,to secure proper performance under
the requirements of any permits and the restoration of the village's public rights-of-way.Twelve months
after the completion of the restoration of the village's public rights-of-way in accordance with the bond,
the registrant may eliminate the bond, if required. However, the village engineer may subsequently
require a new bond for any subsequent work by the same registrant in the village's public rights-of-way.
The performance bond,if required,shall provide that:"For twelve(12)months after issuance of this bond,
this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the Village, by
certified mail, return receipt requested,of a written notice from the issuer of the bond of intent to cancel
or not to renew."
(b)The rights reserved by the village with respect to any performance bond established pursuant to this
section are in addition to all other rights and remedies the village may have under this article,or at law or
in equity,and no action, proceeding or exercise of a right with respect to the performance bond will affect
any other right the village may have.
Sec. 63-41. -Reservation of rights and remedies.
(a) 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 article,to the full extent permitted by federal and State law, except that any provision of this
article regarding the size, composition, or location of communications facilities, including wireless
communications facilities and wireless 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 article.
(b) The adoption of this article is not intended to affect any rights or defenses of the village or a
communications service provider, communications facility provider, wireless infrastructure provider or
pass-through provider under any existing franchise, license or other agreements with a communications
service provider, communications facility provider, wireless infrastructure provider or pass-through
provider.
(c) Nothing in this article shall affect the remedies the village or the a registrant has available under
applicable law.
Sec. 63-42. -Reports and records.
(a)A registrant shall provide the following documents to the village as received or filed.
(1) Upon reasonable request,any pleadings, petitions, notices and documents,which may directly impact
the obligations under this article and which are reasonable necessary for the village to protect its interests
under this article.
(2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of
bankruptcy.
(b) Nothing in this section shall affect the remedies a registrant has available under applicable law.
(c)The village shall keep any documentation,books and records of the registrant confidential to the extent
required or permitted under Florida Public Records Law.
Sec. 63-43. -Force majeure.
In the event a registrant's performance of or compliance with any of the provisions of this article is
prevented by a cause or event not within the registrant's control,such inability to perform or comply shall
be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that
such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or
comply. For the purposes of this section, cause or events not within a registrant's control shall include,
but not be limited to, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural
disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by
order of a governmental agency or court. Causes or events within registrant's control,and thus not falling
within this section, shall include, without limitation registrant's financial inability to perform or comply,
economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors,
officers, employees, contractors or agents.
Sec. 63-44. -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 a registrant's communications facilities, or 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 of any permit or the approval or disapproval of any placement or
maintenance of the registrant's communications facilities,or wireless communications facilities or utilities
as authorized herein constitute any representation,guarantee or warranty of any kind by, nor create any
liability upon,the village or any official, agent or employee thereof. Additionally,the village shall not be
responsible for any relocation costs, except as may be required by applicable law, incurred by an
registrant due to the village's or any other person's work in the village's public rights-of-way.
Sec. 63-45. -Pass-through provider fees and charges.
(a) Pass-through providers shall pay to the village on an annual basis an amount equal to $500.00 per
linear mile or portion thereof of communications facilities or wireless communications facilities placed or
maintained in the village'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
authority's rights-of-way.
(b)The amounts charged pursuant to this article shall be based on the linear miles of village public rights-
of-way where communications facilities or wireless communications facilities are placed, not based on a
summation of the lengths of individual cables,conduits,strands or fibers.Each Pass-through provider shall
provide the Village with an annual notarized statement, no later than March 1 of each year, identifying
the total number of linear miles of pass-through facilities it has placed in the Village's Public rights-of-way.
(c) 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 F.S. ch.202 as same may
be amended from time to time.
(d) Annual payments shall be due and payable on March 1 of each year. Fees not paid within ten days
after the due date shall bear interest at the rate of one percent per month from the date due until paid.
The acceptance of any payment required hereunder by the village shall not be construed as an
acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment
be construed as a release of any claim which the village may have for additional sums due and payable.
All fee payments shall be subject to audit by the village,and assessment or refund if any payment is found
to be in error. If such audit results in an assessment by and an additional payment to the village, such
additional payment shall be subject to interest at the rate of one percent per month until the date
payment is made.
(e) If the payments required by this article are not made within 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.
(f) Upon request from the Village (including the required affidavit regarding authorization of the
requesting Village official to review tax information related to revenue and mileage calculations for Pass-
through providers), which request shall not be made more than once annually, a Pass-through provider
shall provide reasonable access to maps of pass-through facilities from which the calculation of linear
miles of pass-through facilities in the Village's Public rights-of-way can be determined.
Sec. 63-46.- Penalties for violation.
Any violation of any of the provisions of this article may be enforced as provided for in F.S. ch. 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 registrant,and/or by any other means allowed by law.These remedies
shall be cumulative.
Secs. 63-47-63-50. -Reserved.
Section 2: Each and every other Section and Subsection of Chapter 63. Right-of-Way
Regulations. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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ORDINANCE Date
24-19
10/10/2019
4
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Upon Second Reading
Motion Vice-Mayor Kristi Johnson Second Council Member Laurie Brandon
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan ✓
Vice-Mayor Kristi Johnson f n
Council Member Vince Arena ✓
Council Member Laurie Brandon 1
Council Member Kyle Stone ✓
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA ATTEST: , \'•N%
IE-AL >_
INCORP°RATED;
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Abigail rennan Lori McWilliams, MMC
Village Clerk