HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_5/3/2021Agenda Item #2.
Workshop
STAFF
MEMO
Meeting: Workshop - May 03 2021
Staff Contact: Jeremy Allen, Village Manager
Discussion on Communication Facilities Code
Department: Manager
67k
During the April council meeting after discussion from the public council directed staff to bring back the
topic of communications facilities within the Village rights of way for further discussion.
In 2019 the Florida legislature revised the state law to placing and maintaining certain communications
facilities which include wireless facilities within local rights of way. This law preempts local government
from regulating the use and appearance of towers in the rights of way.
In order to comply with state law requirements passed an ordinance in October, 2019
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Ordinance Communications Facilities
Page 4of91
Agenda Item #2.
Regular Council
STAFF MEMO
Meeting: Regular Council -Oct 10 2019
Staff Contact: Keith Davis, Village Attorney Department: Legal
q
ORDINANCE 24-19, SECOND READING, 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.
Ordinance 24-19 proposes to update the Village Code to conform with recent changes to state law
regarding use of Village rights -of -way by telecommunications providers. This legislation imposes
additional preemption on the Village's ability to regulate its own rights -of -way in favor of increasingly
unfettered access by telecommunication providers, especially with regard to "small wireless faculties"
and associated ground equipment.
Approve Ordinance 24-19 on First Reading
Ord 24-19 SB 1000 revisions Tequesta 9 30 2010 with Vz annotations 10 1 2019 70740151 1
Page 5of91
Agenda Item #2.
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:
Page 6of91
Agenda Item #2.
ARTICLE II. - PLACEMENT AND MAINTENANCE OF UTILITY AND 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 Communication
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 se. vice providers and wireline providers, as well
as , pass -through providers, for
the placement and maintenance of communications facilities, including wireless Communicate r,c
facilities, and the provision of communications services, including wireless Eemm„nicati^r•c services and
other utilities, inclu Zing but not limited t tb-eye- 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
c^mmunicatiens 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 communication, . vices pr^„idorci incl u.�lir►rs wireless serer providers and
wireline providers, as well as ,
pass -through providers, and to regulate the placement and maintenance of communications facilities,
including wireless cemm„niEati^r•c 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 r.ri-►.,i��rc, it ril irlir,rs .e,ir�I�cc- c�r�,lee r�r^.,iderc, on a communications facility;
irMr-l-iCUMO -4 Wornlncc C^rr,ti^r,c fnaili 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
Page 7of91
Agenda Item #2111
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 , 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 of
...._,,Oyment Act as set feFth at.. IRS-.. § 337.40111,71, as same- ffl,.ay b...e amended fFGM time to tome. The te
eplaces an ex A-ing utility
requirements concerning the location Of gFOund mounted e i 2nt. The terng includes O'b'Je-C-Anve
design standards EA, d eW Vp t. e- ed b" y Ordinance that rn:4w a small wireless facility te meet Feasenable
location centext r-olmr- stealth and concealment repillonamiantrj- however- r.11ah diarjea
n standaMs maw ha
% cl hy thin willage up n :4 s that thin clesign standards are not reasemahly compatihie f r t
nnrtoeUlar lecat*en ef a small wireless facility Ar that the design standards impese an excessive expen
The waiver shall be ar;lnted or denied within 4. 53 d. ays after the date E)f thin rinn, lest
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 51,000 residents; and
Page 8of91
Agenda Item #211
(c) Has underground utilities for electric transmission or distribution.
Code means the Village of Teguesta 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 communicate^nc facilities on, under, within or adjacent to a wireless support structure POle- of
ether rtical above ffacle cUnn^r+ Str„cturo or utility pole. The term does not include the installation of
a new utility pole t 'i, or wireless support structure eF other above grade clir.n„r+ st-FuetuF in
the village's public rights -of -way. The term c^_l +inn also incl ides the ar^i inch ^r m1:4tfnrm installation
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
c^rvin- - . - -teens facilities and wireless support structures.
regardless Af Whether eF not such emilemment os included on the calculation nf Pn,lemment volume.
Multiple cables, conduits, strands, or fibers located within same conduit shall be considered one
communications facility. , the_ t-erm reemmunic;atiens facility Sha.11. net include
ui to 1 6 ty mV %el 11 e- SP # a In d. shall not include aerial facilities located between utility pele-S. with assecia t e- id p
attachments which do n^t r.r^Mode c^mmu inica{_j_p�e^Vi��r
e p e FE.Anng, ene or more cemmunications facilities located within the v,11age-) who is engag..... Y
> > >easing,
sublettffl, g WO F h*F*,n, g t. P. one OF FnGFe%-
Gem --kt*ens service providers all n r ;i mnrtann nf thin tnnaehlin mr-nnor-tv used in a
may be a c^mmunicati^roc facility mr^�iirlor.
V ICommunications 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 +R
.%. The term includes wireless
c^mmunicat*ens 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 �iede,n,1inrOAI:,1 Cnmmi �nicateenc 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.
Page 9of91
Agenda Item #2.
(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.
stF yeti pro. A DAS is -- Cery m ni atffienS f;woletw
Eligible facilities request means a request to place a wireless cemmunications 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.
Page 10 of 91
Agenda Item #2.
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 s ry 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"
Page 11 of 91
Agenda Item #2.
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, Aeiireless c-nr ees preyidef communications facilities #any
preyV I %A %-I VVedinrl .e,ireless infra StFUCt„re pro.,i�or, or pass -through services or facilities 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 erson c^''''"'''''� in*ca • r„i�o r,r,,,,id1Qr Wireless services preyiEorVVIN
Page 12 of 91
Agenda Item #211
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 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.
seW
ees lines OF WiFeless communications ! 1 1 1 1 Failwaws dotrhinc ! 1
Uqitpr
1 1 1 pumps, or any structures, 1
facilities that- prewedinrc place on the lhnes or
s m,,hleic r*ght-r. nf WAI g and whieh aFe referred to in this Code
eF state law as "utilities."
other agreement- h fr=rh' %ement or other agFeement shall centFel that To the extent that- any utility epierates on thin willage PUFSuant te a fFanchise of
r \/ r1
PAL.nt PST nmannTI1at \A/1t qJ/"�
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. ,
thin mr-O
Page 13 of 91
Agenda Item #2111
irr%r" but does not include direct to home satellite pre
1 The term includes basic extended-ing, i -.1 %_ ;p ! 1
! 1 1 !
two-way rc:4hlin And music service-S7
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 c^mmun*caUGMS 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 affin :4 t'Anim Of W Feless communications f:4r_*1*tw
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 .goes not include c%AISp.ateh se, r„irn irk eFe
1 e c a 1, 1 Zz e ed non eellulaF configuration data nonly se, Moe, ene way OF stored voice services on an
Wireless services provider means a person who provides wireless services., WiFeless se-, Vi,.n V1 WVi,.Anr i3
a cnngrHur►ica iivices prnmiidnr
.
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,I %.f^���^��^r, 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.
Page 14 of 91
Agenda Item #2111
DIVISION 2. - REGISTRATION
Sec. 63-28. - Registration for placing or maintaining communications facilities, etc.,, ^" utelein the
village's public rights -of -way.
(a) A communications services provider, wireless services provider, cemmUn*CatiOns faCil;+., MFE)Vider.
wireless infrastructure provider, pass -through provider or other person 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 e.,F lutteility 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 ,
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, cemm„nicat;
f,VI%.IV
�T ., r.r^i, dicer, wireless infrastructure provider, or pass -through provider ��t i-e-�+t;;Tt?yg 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 ;and
(2) Name, address and telephone number of the registrant's primary contact person in
connection with the registration; and
Page 15 of 91
Agenda Item #2.
(3) Evidence of the insurance coverage required under this article and acknowledgment of the indemnity
and other provisions of this article; `"'hir-hVVIII%Il aekn&Af CA9=3Mt Shall ho ^rci.-lororl an arTroomon+ to th-e
and
(4) Reserved if the a.PPI,clant is a cerperatien er a limited liabbilitty company,
(5) The number of the registrant'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 COMMUnicati facility of
u 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
werk Place or maintain facilities in the village's public rights -of -way. The fact that a communications
services provider, wireless services provider, ^mmur►ic- +i^nc faCi'i+" rr^„i�or, wireless infrastructure
provider, or pass -through provider Ut+l++" Mr^„id^r 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
Page 16 of 91
Agenda Item #2111
. 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) belle ., 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 ,
prevideF that desires to place or maintain a permanent or temporary communications facility, or
wireless facility eF lutility 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 tr-,rcf^rc 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 transfeLFor 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 OF utilities which have been constructed Of 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 We person or
provider complies with the registration provisions of this article. Providers with existing c^r~,m nicati^^c
ffazil i^c . V Fel^cc c^r,•,m pica ns facilities; -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 c^cationS f=-*16tw *mr-111r1* a 1A4r^I^cc
c^rY,m ,meatier, facilities and 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
Page 17 of 91
Agenda Item #2.
(5) The registrant abandons all of its communications facilities, including wireless Communicate
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 Comm, nicati 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 communicati 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
^^m . - Roens 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
cemmun;eat;ens facilities and wireless support structures.
(d) Terminated registrant shall render safe communications facilities remaining ffl, tche village's.
take such steps as are necessary to render safe
every portion of the communications facilities, including wireless communicate 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.
Page 18 of 91
Agenda Item #211
DIVISION 3. - PERMITTING
Sec. 63-34. - Permit requirements and conditions.
(a) Permit required: conditions.
W1 A registrant shall not commence to place or maintain a communications facility, wireless
^�^�^„�i�-,+i^�� facility, or wireless support structure�t+l+ t.. e-F fa t 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 article;
as mandate-E.1 by the Florida AdvancedWe Feless infrastructure- Depleyment Act as set f0Fth at F.S.
a time.
2 The village may impose
reasonable conditions governing the placement or maintenance of a communications facility, wireless
C^w,Aeons facility, or wireless support structure�����ther f=-eatu 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.
facilAcy t.10 hin ml;wed or located within the village's m--hlar- reahtr. Af IMPIX OF deny thin nprrnet
PFOCerring a peFF:n,.- Ann' cation and when imposing Feas-enable ,eFlfflit., IWI A Feless
ling f, r-,a.StFUCtUFe PFOViders. t.0 pkaee or maintain aility mnliniz on thin wilinginr. pi-hiers rights. Icif IMAW t-n cz--mmnrt
S nmd minrrnetS te ce lecate small wireless facilities shall b-e
the ce location of small wereless facilities, and
o
Ir IghtC Af WAW Thin r.--f-ficieney of rm:4r-e to arc;eemiciciedate :411 of the present and pending applications to
OF E)t,.,h,P%-,r- faCilities a. In d ninnd*na Pr- ml:4nmerl applications to place and maintain facilities on that aFea of thin
associated facilities be 10cated on or diFectly a CAI jo EA, Cent te the. pEfle OF SILAI mv VP En, IF t StFUCALIFe upon whirsh an
antenna is l^ca+off•
Page 19 of 91
Agenda Item #211
Village's
etiv
J
to he pole or supmnr+ ctrUr+i pro ur►or► which an antenna is Iecatoi-1• -�
J
J stNan traffeE nnrl ainninr-ni public safety rceneeffl J
I
% I / I I I I V %A %. %. W I I %-/% Ij %. I I I b I %A % I I I %. I I I I %,- I I I I V %A %%. ex.111110 .1.1 ... 1.11 IN I W-11%- vlll%oqt)%-
c mlhler rea -ef-way,
J
facilities, J utilities1
ma ntaoned on the eF other faEolities shall', be- placed e-F
Ivi
1
as same ffl
in
Ja yn cd J
Streets and Velinain ChAll have the autherity te Feduce any effset where that effset cannet be reasonably eht:4iMQr1
J
and etheF alternatives are deemed InnNP,r-,ar%-1t cal. AdditiellnNally, the vil, 1, a ba e- shall have the auther-atu t-E) VVIN
J
1
face! I
%-,Fl etheF facilities shall I.,%- ,aced er maintained on th-e
J ! J
1
Velincrin
require that r. n--hl*r- reahts ef 6 than ene feet ef a sidewalk that is five feet er less on width
1
J J J J
1
waySO publiG Fita>ght Of
extent that the lecateen ef the sidewalk within the I
J J
oth etheF Fe-9.116.01irements ef this ;ir-tjr-lin then the village er thin registrant %.41 1 %A %. I I %- I I.J
policationJ the sidewalk at the repE*rjtr-:4nterder te meet ether I !ment ef this aFtiEl e . C e Iml I mv 11 1 a in cle with this subsectien may require t
J
to mho r.elo er cUr,r.er+ Structure ira ur►er► which an antenna is Iecatoi-1
W rQ11 r-„r,.Ip11iarice with ether cedes. 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 amer,deed. 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.
Page 20 of 91
Agenda Item #211
(b) Permit applications. Permit applications to place or maintain a communications facility, wireless
communications facility, or wireless support structure�����t"^r f=-eety in the village's public
rights -of -way shall contain the following information; n^1�eT 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 haFd Ceplyg f1e.F at OF eleGtFe-n+eformat 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 +hAt Wall him l^r-a+othin willago'c r,, 1hiis rirs�^►+c_^f_,,�.,.
and.
(ii) ,
nose, p^hoc ^r ct�1L` r�r�^rtir► torw►c ^f r-nm4rci and
T�f� 1
44 A statement signed and sealed by a Florida licensed professional engineer attesting that the new
above ground facilities are communicatie.ns. fa961i Werolocc s ppert structure ire i J 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 cernm nicati facility, or wireless
support structure�� , faca
(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 communicate facility, or wireless support structure,
Page 21 of 91
Agenda Item #211
(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 ^r~ m nicatir.r.c fiaclli+ ,VV
e,ireless c„r~,municat
faz II. Wireless Urimport r+ ct-a� tlt�-�rt...,facility.-I IV , ++$
(8) Certification as to removal of abandoned facilities; e aP.P icant shall ,.^r+� that any and a;'�s
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 c^''''"''''unecateens f- cHUCy Poles and wireless su.p.meFt stru et roc in the village's public rights -
of -way within a 350 foot radius of the proposed new cemmunicatiens fac.li+,,, vVireless ,.^r,.,r, unicat
iens
fra•CiTr .,, Wireless 511mmOr+ ctFUC , t+l+���ther, facility (such information may be produced without
certification as to correctness to the extent obtained from other person. n�tFants with facilities inthe
„ill-,Ro'c r,,,hlir I IRh+%J %.RI % V%AY). 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 faCHAPY, ,
t+l+�r�ti-e-r facility (such information may be produced without certification as to correctness to the
extent obtained from other persons regi trants U,i ilot*es ire the „illaao'c nublie raah+c_nf_IA,7�,).
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 c3em '� nicatiomr.I-P fnr-ilitu U4r.,li,cr. ,.,,�.,r~,,,�icati„ns. facility
S.S. c, wmnr+ rztr„e+„ro� „ il+ty or ether her fanew facilities other than new Utility poles to support a
Page 22 of 91
Agenda Item #2111
Small wireless facility(pposed 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 fa.61 „yVireloss.
C^M�.,,,�;�ktiens f ;1;t_w IA9oroless supp^r+ Str„C+„ro, Ilt+l+ 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 commnicati^�� facility, or wireless support structure � � F
other acaky 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
Page 23of91
Agenda Item #2.
Deployment Act" as codified at F.S. § 337.401(7) and cnimr-efeind "^ 4 33�.40�, 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
comm�,n;cations facility, or wireless support structure�t+lot-w Prnt"^r I%A%N NUT
f;ir-m'o+u 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 ;i1ities are bei,n.,g placed rsuant te a ve
prersIra m +el u ndeFgM nd such eyeFhead 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 comm„nica+;facilities, and wireless support
structures t+l+ ' , or far-i'iti-esshall be placed or maintained so as not to unreasonably interfere
with the use of the village's public rights -of -way by the public�TCh may that motors, ^the,
Page 24of91
Agenda Item #2.
grelind inn it and songolaF and associated facilities be located on OF directly arloneent to thin pele er
cU PPArt rt.Fe. uetuFe ter+ which an antenna is Ioca.
(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, ut,lft.,es, r Oh-eso 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,,t.11 ' h�,eF 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.
Page 25of91
Agenda Item #211
(1) Removal or relocation at the direction of the Village of a registrant's communications facilities,
wireless facilities, or wireless support structures, t+l+ ether' fac o'ote-es 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-
w , 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 i wireless facilities and wireless support structures tHR-Jes, eF other facility 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 t+l+ ' ��"^r facl ..,%- within the village's public rights -of -way, including any appurtenant
features incorporated therewith under this article shall be maintained so that:
{� 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;
and.
M13,01, Ito %AN d Uacked paint that is visible fFOnq the village's m--hlor- roght rif WAU nt arnde. All s h
conditions shall be Femedoed within ten weric-ona dnifc frnnq rece a pt of notice theFeef frem the Wlage-.
(1) 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, t+l+ ' , or ether fa�oleti-es. 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 ^r ^ c�-I+ti-e� placed or maintained within the
village's public rights -of -way.
Page 26 of 91
Agenda Item #2.
(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�t+l++o,r E)the-F faciliti 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;
et h eF fac-i-I+t i-e-s.
(p) Right of inspection. The village shall have the right to make such visual inspections of
communications facilities, wireless facilities and wireless support structures ti;T ' 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 underground „ 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 FIOFidals 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.
Page 27of91
Agenda Item #2.
Communications facilities, wireless facilities and wireless support structures,. ' other fc*!*ti-e�
shall be considered to be structures under Building Risk Category IV, Structures, Chapter 16 Section 1620
- 16211 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,
OF 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 facilities) 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, dates) 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.
Page 28 of 91
Agenda Item #2111
(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 or ^theF fadike 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
structures �� ' �ti-e-�t*-e� shall not be construed as a right to placement or maintenance of
facilities that fail to meet the
requirements of this article.
(2) The issuance of a permit for communications facilities, wireless facilities or wireless support
structures tAtilities, or other fadlotees, 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.
=m1or=nt'r. doseretonn file a consolidated application fer a. single- t the ce-lecatie.n, Of %J19 to 30
small wireless facilities. Within any such censelidate-al ap.,plicatie,ri., tlhle� villa ta) e- n,q,ay seppr-g-plif :4rldress ce-
Sec. 63-35. -Standards for dew ^^�^�-Ohol*bg I••*t" ac'oar^Nt properties; prevention of pole
proliferation and saturation of village public rights -of -way.
(a) In general. Communications facilities, wireless facilities and wireless support structures�� -e-S9 EA11nal
��h-e anti-e� shall be designed in such a manner that the facilities are compatible with adjacent
Page 29 of 91
Agenda Item #211
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 f^r ^ca+;^nc fac;';t;^c, ,A,ar^'occ cUr,r,^rt ctri ict, iroc. utilities, or
ot
"^r f:4r-*10t*es shall be utilized wherever possible in order to minimize the visual impact of
communications facilities, including wireless facilities and wireless support structures ^n ad1jeacent
prepiertne.s. and an OFder to eliminate the need to Ieea...- .,,y ground OF elevated. PP on the
. 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 facility poles -utAIRPY poles and ne loss supper+ ctr„cturoc, as well as
existing facilities structures 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) FIB 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 utileities, er other fac*'*tiplaced 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 1I1
Wit"^r faCi'iti-es, not requiring FAA painting or marking, shall have an exterior, hard durable finish which
enhances compatibility with adjacent uses, as approved by the village.
Page 30 of 91
Agenda Item #211
(e) Lighting. Communications facilities, wireless facilities and wireless support structures a I 'esor
,
ot
�' -, laci'iti-es 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.
c^e+i^c, A communications facility, wireless facility or -ewireless support structures ,
other face-I+ti-ems 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 c„prnrt ctr„ctur% 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 ^':4r_^d, maintained ^r 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 ^, lir,mpmt =rl an enna we'l Emlme
( ci���� o height limits and antenna volume
limits, a Equipment volume. Equipment that may be
associated with communications facilities
attached to an existing structure or a new communications facility pole or r,n.e, ,e,i -eless support
JtFUCtWe *sated on the villa ge'SP h„"'ic reOh+_nf_IMAI,.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 a
eles er other above grade support structures, shall not exceed 17 cubic feet.
(2) Antenna volume. ^ hniah+ 'imi+c -,r,d n.tik)mentvolume
limits, a Each antenna that may be
associated with the- ling t-a',;%ati-e-n-ef a communications facility (elt-� haI rm-411 Wirnlncc fnr_i1it_inc Whirh
awe -re at.ed a 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.
Page 31 of 91
Agenda Item #2.
(3 -k) Prohibition against placement on roads where village has plans for sidewalks; preference for
arterial or collector roads. No new communications facility poles f:4r-olr*r- eless S1lmmor+ structures,,
'�r'ti-li • �th�Ta�+ies or other new SUpmnr+ rzt� s 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 f i ,less
shall generally be placed
and maintained in arterial or collector roads whenever possible. Placement of new communications
facility poles ,s or other new su
e,l,e,t,.e,e.-
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 facilitypoles
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
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
encourages to cefflilPly vViththis distanceparati-en. '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 -k) Distance separation between communications facility poles and 4re-lecc support structures and
her new sUr,r►or+ ctrue+„rin village public rights -of -way. Communications facility poles, �eiire1%-
V„r.r.^r+ cA.-TUC+Urec -,r„1 ether new support
SARACtIA 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
forth at RS 6 337 /1011:71 as same may be
Page 32 of 91
Agenda Item #2.
(7 1) 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
H ighways.
(8 e) Prohibition against placement in residential front yard. No new communications facility poles
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 facilT
- - ess structures., utilities, or etheF facilities or other new su-PPe.-K-t. 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 ,
Page 33 of 91
Agenda Item #2.
shall be located such that views from principal structures within residential
areas are not significantly impaired. Where possible, newly installed facility poles
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.
(j=q} 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.
Page 34of91
Agenda Item #2111
(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) R1 ra- f %AI Y 1, 20F 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
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.
(tr) Waiver of application of the requirements of this section by village engineer.
(1) Nothing in this section shall be construed to prohibit or have the effect of prohibiting the
nondiscriminatory and competitively neutral use of village public rights -of -way
PFO 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.
Page 35 of 91
Agenda Item #2.
(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 eoverned 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 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 ap licant, 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
Page 36 of 91
Agenda Item #2.
(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 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 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
demonstrates that such requirements impose excessive expense. The registrant's a,.,,.,'ieant1s 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.
III Nothing centai
I I Nothing con... ned on thes aFticle shall be eenStFued to authGFize a peFsen to ce locate OF atta
lincc f:4r_*18t_*,nr. including any micro wir-elpr-c r sma"WiFelerr. f=_eletw ely
I I %A % I I I %. I J antenna, J /
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a privately
eF n_1tl1,e_F private PFE)pe.F t IYA � Axithout the consent of thin mrnminrtw owner.
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pursuant te this article does not authorize the- provision of any J J
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maintenance OF epeFatien of any comm cat*ens facilities
etheF than smallWiFeleSS f;ir-Olities On the village(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.
Page 37 of 91
Agenda Item #2.
(4) Nothing contained in this article shall be construed to authorize any person to co -locate or attach
small wireless facilities including ar 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.
Page 38 of 91
Agenda Item #2.
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. ,
%AVVII��4,10, to the y,Ilaso; ^r
(d) Failure to relocate or remove communicate facilities, ,A,;r^less communications facilities ^r 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.
Page 39 of 91
Agenda Item #2.
(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.
Page 40 of 91
Agenda Item #2111
(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
^mkt*ons facilities and wireless support structures, a;,01 1t+l+ti-emplaced 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 Ceffifflunicati
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 communicati facilities and wireless support structures shall not apply to
communications facilities, including wireless communicati 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
ic;atie,n-- facili ,wireless infrastructure provider or
communications service provider, cemmun
pass-through provider under any existing franchise, license or other agreements with a communications
Page 41 of 91
Agenda Item #2.
service provider, , wireless infrastructure provider or pass -through
provider.
(c) Nothing in this article shall affect the remedies the village or t4e 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 toe a registrant's communications facilities, or wireless cern .,, nicati
facilities;-u-tilities; 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 Communicate
facilities;-u-tilities, 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 any registrant due to the village's or any other person's work in the village's public rights -of -
way.
Page 42 of 91
Agenda Item #2.
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
Page 43 of 91
Agenda Item #2.
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.
Page 44of91