19-2164 Amending Chapter 78, Article II, Communications Facilities in the Public Rights of WayORDINANCE NO. 19-2164
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
CHAPTER 78, ARTICLE II OF THE CITY CODE REGARDING
COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS -OF -WAY;
IMPLEMENTING THE ADVANCED WIRELESS INFRASTRUCTURE
DEPLOYMENT ACT; MAKING FACTUAL AND LEGISLATIVE FINDINGS;
ADOPTING AND AMENDING CITY REGULATIONS RELATED TO, WITHOUT
LIMITATION, PLACEMENT, MAINTENANCE, AND REPLACEMENT OF
WIRELESS AND OTHER COMMUNICATIONS FACILITIES IN THE CITY'S
RIGHTS -OF -WAY, COLLOCATION OF SMALL WIRELESS FACILITIES ON
EXISTING UTILITY POLES, PLACEMENT OF NEW UTILITY POLES,
INSURANCE AND SURETY BOND REQUIREMENTS, PERMITTING
PROCEDURES AND REQUIREMENTS, APPEALS, SAFETY REQUIREMENTS,
WAIVERS, REVIEW DEADLINES, DEFINITIONS, REGISTRATION OF
COMMUNICATIONS SERVICE PROVIDERS, AND FEES; PROVIDING
OBJECTIVE DESIGN STANDARDS; PROVIDING FOR CITY COMMISSION
AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has adopted, and on June 23, 2017 the governor signed
into law, effective July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the "Act"),
codified at F.S. § 337.401, which places certain limitations on local government authority to
regulate wireless communications facilities within the public rights -of -way; and
WHEREAS, the Act was amended on or about June 25, 2019 to place further restrictions
on local government authority to regulate wireless facilities; and
WHEREAS, the Act authorizes cities to adopt objective design standards that may require
wireless facilities in the rights -of -way to meet reasonable location context, color, camouflage,
and concealment requirements, and other requirements (F.S. 337.401(7)(r)); and
WHEREAS, the Act authorizes cities to adopt by ordinance reasonable and non-
discriminatory provisions for insurance coverage, indemnification, force majeure, abandonment,
authority liability, authority warranties, and other requirements with respect to wireless facilities
in the public rights -of -way; and
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WHEREAS, passage of the Act and subsequent amendments to the relevant statutes
necessitate that the City amend Chapter 78, Article II of the City Code in order to implement the
Act, ensure that the City's regulations governing wireless and other communications facilities in
the rights -of -way are consistent with the law, and to implement new regulations as are consistent
with the Act; and
WHEREAS, the City finds that this Ordinance and the regulations adopted hereby will
advance the public health, safety, and welfare and help protect the unique aesthetic qualities of
the City while complying with the Act and all other state and federal laws and regulations
governing communications facilities.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a part of this Ordinance.
SECTION 2. Amendment of City Code. Chapter 78, Article II of the City Code is hereby
repealed and deleted in its entirety and replaced with the following provisions:
ARTICLE II. - COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY
Sec. 78-31. - Title.
This article shall be known and may be cited as the Longwood Communications Rights -of -
Way Ordinance.
Sec. 78-32. — Intent and purpose; applicability to state-controlled rights -of -way.
(a) Intent and purpose. It is the intent of the city to promote the public health, safety and
general welfare by: (i) providing for the placement or maintenance of communications
facilities in the public rights -of -way within the city; (ii) adopting and administering
reasonable rules and regulations not inconsistent with state and federal law, including F.S.
§ 337.401 as amended by the Advanced Wireless Deployment Act, the city's home -rule
authority, and in accordance with the provisions of the Federal Telecommunications Act
of 1996 and other federal and state law; (iii) establishing reasonable rules and regulations
necessary to manage the placement or maintenance of communications facilities in the
Public rights -of -way by all communications services providers; (iv) protecting the city's
unique and extraordinary aesthetic qualities; and (v) minimizing disruption to the public
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rights -of -way. In regulating its public rights -of -way, the city shall be governed by and shall
comply with all applicable federal and state laws.
(b) State-controlled rights -of -way. This article shall apply to wireless and communications
facilities in public rights -of -way under the control and jurisdiction of the city. This article
shall also apply to wireless and communications facilities in public rights -of -way under the
control and jurisdiction of the Florida Department of Transportation, provided that the City
is authorized to apply this article under a permit -delegation agreement between the city
and Department in accordance with F.S. § 337.401(1)(a), or as otherwise provided by law.
Sec. 78-33. - Definitions.
For purposes of this article, the following terms, phrases, words and their derivations shall
have the meanings given. Where not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The words "shall"
and "will" are mandatory, and "may" is permissive. Words and phrases not otherwise
defined in this article shall be interpreted in accordance with applicable definitions under
chapter 58, article VII of this Code of Ordinances and state and federal laws governing
communications facilities, including F.S. § 337.401 except where the context clearly
indicates a different meaning, and shall otherwise be construed to mean the common and
ordinary meaning.
Abandonment shall mean the permanent cessation of all uses of a communications
facility; provided that this term shall not include cessation of all use of a facility within a
physical structure where the physical structure continues to be used. By way of example,
and not limitation, cessation of all use of a cable within a conduit, where the conduit
continues to be used, shall not be "abandonment" of a facility in public rights -of -way.
Antenna means any transmitting or receiving device mounted on, within, or incorporated
into a tower, building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar
signals), light, wireless telecommunications signals or other communication signals. For
the purposes of this article, the term "antenna" does not include any device designed for
over -the -air reception of radio or television broadcast signals, or multi -channel multi -
point distribution service.
Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes
adopted by a recognized national code organization and the Florida Building Code and
the Florida Fire Prevention Code and or local amendments to those codes enacted to
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address building accessibility and fire code standards and threats of destruction of
Property or injury to persons or local codes or ordinances adopted to implement this
subsection The term includes obiective design standards adopted by ordinance that may
require a new utility pole that replaces an existing utility pole to be of substantially similar
design material and color or that may require reasonable spacing requirements
concerning the location of ground -mounted equipment. The term includes objective
design standards adopted by ordinance that may require a small wireless facility to meet
reasonable location context color, stealth, and concealment requirements.
Applicant means the person registering and applying to locate wireless facilities in the
right-of-way of the city and includes the applicant's successors -in -interest and anyone
owning and maintaining the wireless facilities.
City means the City of Longwood Florida. Where appropriate, the word "city" may refer
to the city commission or the relevant city officer or board considering an application
under this article.
City -owned real property means real property to which the city holds title easement or
a leasehold interest but does not include the public rights -of -way.
City -owned facility or city -owned structure means any facility, structure or infrastructure
to which the city holds title easement, or a leasehold interest, including, but not limited
to communications facilities utility poles, towers, buildings, and communications
infrastructure regardless of whether located within or outside the public rights -of -way.
Cluttered shall mean placement in a confused, disordered, disorganized, or fumbled or
crowded state which can occur when too much is located in too small of an area given
the reasonable location context.
Communications facility(ies) or system(s) means any permanent or temporary physical
plant equipment and property, including but not limited to cables wires, conduits,
ducts fiber optics poles antennae converters splice boxes cabinets hand holes,
manholes vaults drains surface location markers, appurtenances, and other equipment
or pathway placed or maintained or to be placed or maintained and used or capable of
being used to transmit convey, route, receive, distribute, provide or offer
communications services. The term includes wireless facilities.
Communications services shall mean the transmission, conveyance or routing of voice,
data audio video or any other information or signals to a point, or between or among
points by or through any electronic radio satellite cable optical, microwave, or other
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medium or method now in existence or hereafter devised, regardless of the protocol used
for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this
article, "cable service", as defined in F.S. § 202.11(2), as it may be amended, is not
included in the definition of "communications services," and cable service providers may
be subiect to other ordinances of the city.
Communications services provider shall mean any person, including a municipality or
county, providing communications services through the placement or maintenance of a
communications facility in public rights -of -way. "Communications services provider" shall
also include any person, including a municipality or county, that places or maintains a
communications facility in public rights -of -way but does not provide communications
services.
Communications tower or tower means a building -mounted or ground -mounted tower,
Pole -type, lattice or other structure that has the sole or primary purpose of supporting
communication (transmission and/or receiving) equipment for telephone, radio,
television, microwave, cellular and/or similar other communication purposes. Towers
may include self-supporting lattice towers, guyed towers, or monopole towers. The term
includes radio and television transmission towers microwave towers common -carrier
towers, cellular telephone towers, alternative tower structures, and the like. The term
includes the structure and any support thereto.
Concealed means a tower, ancillary structure, equipment compound, or communications
facility or area (collectively "physical improvements") that is not readily identifiable as
such, and is designed to be aesthetically compatible with existing and proposed
building(s) and uses on and adjacent to the proposed location of such physical
improvements.
Collocation means to install, mount, maintain, modify, operate, or replace one or more
wireless facilities on, under, within, or adjacent to a wireless support structure or utility
pole. The term does not include the installation of a new utility pole or wireless support
structure in the public rights -of -way.
FCC shall mean the Federal Communications Commission.
In public rights -of -way or in the public rights -of -way shall mean in, on, over, under or
across the public rights -of -way.
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Micro wireless facility means a small wireless facility having dimensions no larger than 24
inches in length 15 inches in width and 12 inches in height and an exterior antenna, if
any, no longer than 11 inches.
Ordinance shall mean this ordinance.
Pass -through provider means any person who upon registering with the city, places or
maintains a communications facility in the city's rights -of -way and that does not remit
communications service taxes as imposed by the city pursuant to F.S. ch. 202.
Person shall include any individual children, firm, association, ioint venture, partnership,
estate trust business trust syndicate fiduciary, corporation, organization or legal entity
of any kind successor, assignee transferee, personal representative, and all other groups
or combinations and shall include the city to the extent the city acts as a communications
services provider.
Place or maintain or placement or maintenance or placing or maintaining shall mean to
erect construct install maintain, place, repair, extend, expand, remove, occupy, locate
or relocate. A communications services provider that owns or exercises physical control
over communications facilities in public rights -of -way, such as the physical control to
maintain and repair, is "placing or maintaining" the facilities. A person providing service
only through resale or only through use of a third party's unbundled network elements is
not "placing or maintaining" the communications facilities through which such service is
provided. The transmission and receipt of radio frequency signals through the airspace of
the public rights -of -way does not constitute "placing or maintaining" facilities in the
public rights -of -way.
Public rights -of -way or rights -of -way shall mean a public right-of-way, public utility
easement, highway, street bridge, tunnel or alley, regardless of which governmental
entity has jurisdiction and control over such, and includes the surface, the air space over
the surface and the area below the surface. "Public rights -of -way" shall not include
Private property. "Public Rights -of -way" shall not include any real or personal city
property except as described above and shall not include city buildings, fixtures, poles,
conduits facilities or other structures or improvements, regardless of whether they are
situated in the public rights -of -way.
Registrant shall mean a communications services provider that has registered with the
city in accordance with the provisions of this article.
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Registration or register shall mean the process described in this article whereby a
communications services provider provides certain information to the city.
Small wireless facility or small wireless facilities means a wireless facility that meets the
following qualifications:
u Each antenna associated with the facility is located inside an enclosure of no more
than 6 cubic feet in volume or, in the case of antennas that have exposed elements,
each antenna and all of its exposed elements could fit within an enclosure of no more
than 6 cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more
than 28 cubic feet in volume. The following types of associated 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.
Stealth design means a method of camouflaging any tower, antenna, wireless facilities,
or other ancillary supporting communications facility, including, but not limited to,
supporting electrical, optical, or mechanical, or other equipment, which enhances
compatibility with adjacent land uses and which is visually and aurally unobtrusive.
Stealth design may include a repurposed structure. Stealth design includes any method
of camouflaging wireless facilities adopted by the city commission through resolution as
authorized by Sec 78-36(i)(4).
Utility pole means a pole or similar structure that is used in whole or in part to provide
communications services or for electric distribution, street lights or other lighting, cable
television 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 an authority grants a waiver for such pole.
Wireless facility or wireless facilities means equipment at a fixed location which enables
wireless communications between user equipment and a communications network,
including radio transceivers, antennas, distributed antenna systems ("DAS"), wires,
coaxial or fiber-optic cable or other cables, regular and backup power supplies, and
comparable equipment, regardless of technological configuration, and equipment
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associated with wireless communications. The term includes small wireless facilities and
micro 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 collocated;
(b) Wireline backhaul facilities; or
(c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or
that is otherwise not immediately adjacent to or directly associated with a particular
antenna.
Wireless infrastructure provider means a person who has been certificated under chapter
364 Florida Statutes, to provide telecommunications service or under chapter 610,
Florida Statutes to provide cable or video services in this state, or that person's affiliate,
and who builds or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services provider.
Wireless provider means a wireless infrastructure provider or a wireless services provider.
Wireless services means any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile, using wireless facilities.
Wireless services provider means a person who provides wireless services.
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 a utility pole,
pedestal or other support structure for ground -based equipment not mounted on a
utility pole and less than 5 feet in height.
Sec. 78-34. - Registration for placing or maintaining communications facilities in public
rights -of -way.
(a) A communications services provider that desires to place. or maintain a
communications facility in public rights -of -way in the city shall first register with the city in
accordance with this article. Registration may be made by mail or in person to:
City of Longwood Public Works Division
907 East State Road 434
Longwood, FL 32750
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Subiect to the terms and conditions prescribed in this article, a registrant may place or
maintain a communications facility in public rights -of -way.
(b) A registration shall not convey any title, equitable or legal, to the registrant in the public
rights -of -way. Registration under this article governs only the placement or maintenance
of communications facilities in public rights -of -way. Other ordinances, codes or regulations
may apply to the placement or maintenance in the public rights -of -way of facilities that
are not communications facilities. Registration does not excuse a communications services
provider from obtaining appropriate access or pole attachment agreements before
locating its facilities on the city's or another person's facilities. Registration does not excuse
a communications services provider from complying with all applicable city ordinances,
codes or regulations, including this article.
(c) Each communications services provider that desires to place or maintain a
communications facility in public rights -of -way in the city shall file a single registration with
the city, which shall include the following information:
(1) Name of the applicant, including a contact person;
(2) Name, address, email address, and telephone number of the applicant's primary
contact person in connection with the registration, and the person to contact in case
of an emergency;
(3) Evidence of insurance coverage as required under this article; and
(4) A copy of the applicant's certificate of authorization or license to provide
communications services issued by the Florida Public Service Commission, the Federal
Communications Commission, or other federal or state authority, if any; and
(5) For an applicant that does not have a Florida Public Service Commission certificate
of authorization number, if the applicant is a corporation, proof of authority to do
business in the state, such as the number of the certificate from or filing with the
Florida Department of State.
(d) The city manager or designee shall review the information submitted by the applicant
for registration. If the applicant submits information in accordance with subsection (c) of
this section, the registration shall be effective and the city shall notify the applicant of the
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effectiveness of registration in writing. If the city determines that the information has not
been submitted in accordance with subsection (c) of this section, the city shall notify the
applicant of the non effectiveness of registration, and reasons for the noneffectiveness, in
writing. The city shall so reply to an applicant within 30 days after receipt of registration
information from the applicant. Noneffectiveness of registration shall not preclude an
applicant from filing subsequent applications for registration under the provisions of this
section. An applicant has 30 days after receipt of a notice of noneffective ness of
registration to appeal the decision as provided in section 78-38.
(e) A registrant may cancel a registration upon written notice to the city stating that it will
no longer place or maintain any communications facilities in public rights -of -way within
the city and will no longer need to obtain permits to perform work in public rights -of -way.
A registrant cannot cancel a registration if the registrant continues to place or maintain
any communications facilities in public rights -of -way.
(f) Registration does not in and of itself establish a right to place or maintain or priority for
the placement or maintenance of a communications facility in public rights -of -way within
the city but shall establish for the registrant a right to apply for a permit, if permitting is
required by the city. Registrations are expressly subject to any future amendment to or
replacement of this article and further subject to any additional city ordinances, as well as
any state or federal laws that may be enacted.
(g) A registrant shall renew its registration with the city every five years on the month and
day that the registrant originally registered with the city. Within 90 days of any change in
the information required to be submitted pursuant to subsection (c) of this section, a
registrant shall provide updated information to the city. If no information in the then -
existing registration has changed, the renewal may state that no information has changed.
Failure to renew a registration may result in the city restricting the issuance of additional
permits until the communications services provider has complied with the registration
requirements of this article.
(h) In accordance with applicable city ordinances, codes or regulations, a permit shall be
required of a communications services provider that desires to place or maintain a
communications facility in public rights -of -way. An effective registration shall be a
condition of obtaining a permit. Notwithstanding an effective registration, permitting
requirements shall apply. A permit may be obtained by or on behalf of a registrant having
an effective registration if all permitting requirements are met.
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Sec. 78-35. - Notice of transfer, sale or assignment of assets in public rights -of -way.
If a registrant transfers, sells or assigns its assets located in public rights -of -way incident to
a transfer, sale or assignment of the registrant's assets, the transferee, buyer or assignee
shall be obligated to comply with the terms of this article. Written notice of any such
transfer, sale or assignment shall be provided by such registrant to the city within 20 days
after the effective date of the transfer, sale or assignment. If the transferee, buyer or
assignee is a current registrant, then the transferee, buyer or assignee is not required to
re -register. If the transferee, buyer or assignee is not a current registrant, then the
transferee, buyer or assignee shall register as provided in section 78-34 within 60 days of
the transfer, sale or assignment. If permit applications are pending in the registrant's
name, the transferee, buyer or assignee shall notify the city that the transferee, buyer or
assignee is the new applicant.
Sec. 78-36. - Placement and maintenance of a communication facility in public rights -
of -way.
(a) Prohibitions.
(1) No wireless facilities or other communications facilities shall be installed in the
City's rights -of -way without a permit.
(2) Wireless facilities, other than small wireless facilities and micro wireless facilities,
are prohibited within the public rights -of -way, unless a waiver is granted by the City.
(33). No wireless facility or other communications facilitv shall materially interfere with
the safe operation of traffic control equipment.
u No wireless facility or other communications facility shall materially interfere with
sight lines or clear zones for transportation, pedestrians, or public safety purposes.
(5) No wireless facility or other communications facility shall materially interfere with
compliance with the Americans with Disabilities Act or similar federal or state
standards regarding pedestrian access or movement.
(6) No wireless facility or other communications facility shall materially fail to comply
with the latest edition of the Florida Department of Transportation Utility
Accommodation Manual, as it may be amended.
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(7) No wireless facility or other communications facility shall fail to comply with the
applicable codes.
(8) To comply with clear zone requirements, no wireless facilities or other
communications facilities shall be closer than 8 feet from the street curb or edge of
pavement if no curb is present.
(9) Wireless facilities are prohibited on utility poles owned by a municipal electric
utility, and utility poles used to support municipally owned or operated electric
distribution facilities, unless the City grants a waiver.
10 Wireless facilities are prohibited on arms or any horizontal structure used
to support or mount traffic control signals and other traffic control devices.
11 Wireless facilities are prohibited on poles or similar structures 15 feet or
less in height unless the city grants a waiver for such structure.
12 Wireless facilities and other communications facilities shall not interfere
with electrical lines, cable lines, or their associated equipment. Wireless facilities and
other communications facilities shall be at least 20 feet away from energized electrical
distribution lines. Wireless facilities may not be hung from energized lines or
mounted on poles suspending energized lines or on poles to be removed in
coniunction with the City's undergrounding of electric utilities.
13 Wireless facilities and other communications facilities may not block or
materially interfere with the view of signs of commercial businesses or street signs.
The applicant or applicant's successor must remove the wireless facilities or other
communications facilities at any time if warranted by public health or safety as
determined by the City.
u For the safety of electrical utility workers and members of the public:
(1) Wireless facilities collocated, if allowed, on the same utility pole as a street light
shall be on the same disconnect as the street light;
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(2) Wireless facilities and other communications facilities shall be grounded and
otherwise comply fully with all applicable electrical codes.
ll Whenever conduit of the wireless facilities crosses telephone or electric power
wires, wires shall cross and be maintained in accordance with the National Electrical
Code, the National Electrical Safety Code and the "Safety Rules for the Installation
and Maintenance of Electrical Supply and Communication Lines" established by the
Department of Commerce, Bureau of Standards of the United States in force at the
time of the effective date of this article, and as amended.
ll Wireless facilities and other communications facilities shall comply with all
applicable structural requirements with respect to wind speed under the Florida
Building Code and under the City Code.
(d) A registrant or applicant shall at all times comply with and abide by all applicable
provisions of the state and federal law and city ordinances, codes and regulations in
placing or maintaining a communication facility in public rights -of -way. The burden of
proof shall at all times be on an applicant to establish compliance with requirements
under this article and state and federal law.
(e) A registrant shall not place, commence to place or maintain a wireless or other
communication facility in public rights -of -way until all applicable permits, if any, have
been issued by the city or other appropriate authority, except in the case of an
emergency. No wireless or other communications facility shall operate unless the City
has conducted a final inspection and issued a Certificate of Completion pursuant to the
Florida Building Code as adopted and amended by this Code.
(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) Registrant shall provide prompt notice to the city of the placement or maintenance
of a wireless or other communication facility in public rights -of -way in the event of an
emergency, and shall be required to apply for an after -the -fact permit within 30 days
if a permit would have originally been required to perform the work undertaken in
public rights -of -way in connection with the emergency.
(3) Further, once the emergency is abated, the wireless or other communications
facility placed in the public right-of-way during the emergency shall be removed
unless permitted without the emergency as a basis.
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(f) Application review; decisions; time -frames; permit duration
(1) Notification of Completeness. Within 14 days after receiving an application, the
city shall determine and notify the applicant by electronic mail to the email address
provided in the application as to whether the application is complete. If an application
is deemed incomplete, the city shall specifically identify the missing information. An
application is deemed complete if the city does not provide notification to the
applicant within 14 days.
Application Review Period. The city shall approve or deny an application within 60
days after receipt of the complete application, or it is deemed approved in accordance
with F.S. § 337.401. If the city does not use the 30-day negotiation period provided
in subparagraph (7), the parties may mutually agree to extend the 60-day application
review period. The city shall grant or deny the application at the end of the extended
period.
(3) Permit Duration. A permit issued pursuant to an approved application shall remain
in effect for 1 year unless extended by the city.
(4) Notification Procedure.
a. The city shall notify the applicant of approval or denial by electronic mail. The
city shall approve a complete application unless it does not meet the applicable
codes.
b. If the application is denied, the city will specify in writing the basis for denial,
including the specific code provisions on which the denial was based, and send the
documentation to the applicant by electronic mail on the day the city denies the
application.
(5) Opportunity to Cure Deficiencies. The applicant may cure the deficiencies
identified by the city and resubmit the application within 30 days after notice of the
denial is sent to the applicant. If the curative information is not provided within such
time frame, the application will be considered withdrawn or closed. The city shall
approve or deny the revised application within 30 days after receipt or the application
is deemed approved. The review of a revised application shall be limited to the
deficiencies cited in the denial.
(6) Consolidated Applications. An applicant may file a consolidated application and
receive a single permit for the collocation of up to 30 small wireless facilities. If the
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application includes multiple small wireless facilities, the city may separately address
small wireless facility and micro wireless facility collocations for which incomplete
information has been received or which are denied.
(7) Alternative Collocations.
a. If an applicant seeks to place a wireless facility upon a city utility pole or seeks
to install a new utility pole, the city may, within 14 days after the date that a
wireless facility application is filed, request that the proposed location of the
wireless facility be moved to another location in the right-of-way and placed on
an alternative city utility pole or support structure or may place a new utility pole.
b. The city and the applicant may negotiate the alternative location, including any
objective design standards and reasonable spacing requirements for ground -
based equipment, for 30 days after the date of the request. At the conclusion of
the negotiation period, if the alternative location is accepted by the applicant, the
applicant must notify the city of such acceptance and the application shall be
deemed granted for any new location for which there is agreement and all other
locations in the application. If an agreement is not reached, the applicant must
notify the city of such nonagreement and the city shall grant or deny the original
application within 90 days after the date the application was filed.
c. A request for an alternative location, an acceptance of an alternative location,
or a reiection of an alternative location shall be in writing and provided by
electronic mail.
(g) Application requirements. Except as otherwise provided, a permit to construct or
install wireless facilities or other communications facilities shall not be granted under this
article except upon approval of the city commission, or such city board as the city
commission has designated by resolution or ordinance to consider applications under this
article, after a public hearing. Each application for a permit to place or replace a wireless
facility or other communications facility in the right-of-way shall include:
(1) Plans submittal.
a. For each proposed wireless facility or communications facility location,
submit plans prepared by, approved, and signed by a qualified professional
engineer showing:
The location of each proposed communications facility;
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ii. True -to -scale site plan depicting all physical improvements includinp,
property lines within a 20 foot radius;
iii. A graphical depiction of each proposed communications facility to be
installed;
iv. The size of each proposed communications facility;
v. The specifications for each communications facility; and
vi. Existine utilities in the immediate vicin
b. Plans shall be in a hard copy format and an electronic format specified by
the city, provided such electronic format is maintained by the registrant. Such
plans in a format maintained by the registrant shall be provided at no cost to the
city.
C. If the actual installation deviates or will deviate from the submitted plans
due to unforeseen conditions or any other reason, the registrant shall promptly
provide revised plans.
(2) A description of the manner in which the communications facility will be installed
(i.e. anticipated construction methods or techniques);
(3) A description of the stealth design techniques proposed to minimize the visual
impact of the wireless or other communications facility;
(4) A maintenance of traffic plan for any disruption of the public rights -of -way;
(5) Information on the ability of the public rights -of -way to accommodate the
proposed facility, if available (such information shall be provided without certification
as to correctness, to the extent obtained from other persons);
(6) If appropriate given the facility proposed, an estimate of the cost of restoration to
the public rights -of -way;
(7) The timetable for construction of the proiect or each phase thereof, and the areas
of the city which will be affected;
(8) Photographs and Graphic or Simulated Renderings.
Ordinance No. 19-2164
Page 16 of 34
a. Photographs from four equally separated directions (north, south, east,
and west) clearly showing the nature and location of the site where each wireless
or other communications facility is proposed to be located;
b. Photographs showing the location and condition of properties adjacent to
the site of each proposed wireless or other communications facility; and
C. True -to -scale graphic depictions or simulated renderings accurately
representing the visual impact of the wireless communications facilities when
viewed from the street and from adiacent properties from 4 equally separated
directions (north, south, east, and west).
(9) All applicable permit fees; and
(10) Such additional information as the city finds reasonably necessary with respect
to the placement or maintenance of the communications facility that is the subject of
the permit application to review such permit application.
(i) Non-interference• encouraged technology; additional regulations. All
communications facilities shall be placed or maintained so as not to unreasonably
interfere with the use of the public rights -of -way by the public and with the rights and
convenience of property owners who adjoin any of the public rights -of -way. The use of
trenchless technology (i.e., directional bore method) for the installation of facilities in the
public rights -of -way as well as joint trenching or the co -location of facilities in existing
conduit is strongly encouraged and shall be employed wherever feasible. The city
manager may promulgate additional reasonable rules and regulations concerning the
placement or maintenance of a communication facility in public rights -of -way consistent
with this article and other applicable law.
(i) Obiective design standards• other requirements. Wireless and other
communications facilities shall meet the following requirements, including reasonable
location context color, stealth and concealment requirements. Design standards may
be waived by city if the city determines that the design standards are not reasonably
compatible for the particular location of a wireless facility or that the design standards
impose excessive expense in relation to the aesthetic concerns of the City. The waiver
shall be granted or denied within 45 days after the date of the request.
u Any above -ground wireless or other communications facilities shall be concealed
and utilize stealth design. Such stealth design and concealment shall eliminate the
Ordinance No. 19-2164
Page 17 of 34
need to locate any ground or elevated equipment on the exterior of a pole tower, or
other structure, unless an exemption is granted as provided below.
ll Any application or proposal to locate equipment at ground level on or adiacent to
a pole or tower and any application or proposal to locate elevated equipment (other
than antennas) on or adiacent to the exterior of a tower or pole that asserts that such
cannot be accomplished in accordance with the concealment and stealth design
requirements of this article, may request an exemption to such requirements and
such application or proposal shall include Florida professional engineering certified
documentation demonstrating to the satisfaction of the city engineer that the
proposed equipment cannot employ stealth design and cannot be concealed as
required by this article, and that the proposed equipment and location and
configuration of such, constitute the minimum equipment necessary and are the least
obtrusive as is possible to achieve needed function. In order to avoid the clustering of
multiple items of approved ground equipment or elevated equipment in a single area
only one equipment box may be located in any single location. Where a registrant
demonstrates that stealth design and concealment cannot be employed under this
subsection and the city agrees with such demonstration the individual approved
exterior equipment boxes or containment devices shall not exceed 12 cubic feet in
volume and the configuration and dimensions of such shall be the least visually
obtrusive as possible. The use of foliage and vegetation or other concealment method
around any approved equipment may be required by the citv based on conditions of
the specific area where the equipment is to be located.
(3) Insofar as wireless facilities or other communications facilities are constructed
underground, the wireless infrastructure provider shall become a member of and
maintain membership in Florida utility notification one call system Wireless facilities
shall have five-foot horizontal clearance from other underground utilities and their
appurtenances.
(4) The city commission by resolution may adopt standards for the types or style of
concealment and stealth design that are required within the city or parts thereof in
order to preserve and promote the unique aesthetic character of the city
(5) Wireless facilities may increase the height of a metal street light pole only if the
antenna is top -mounted and not wider than the pole or if the antenna is hidden in a
cylinder that appears like an original part of the pole. A cellular antenna shall not
extend more than ten (10) feet above the utility pole or structure upon which the
Ordinance No. 19-2164
Page 18 of 34
wireless facility is to be collocated, and shall be shorter if the height of the utility pole
requires a shorter antenna height so that the structure as a whole is proportionate.
(6) A new utility pole that replaces an existing utility pole shall be of substantially
similar design, material, and color as the existing utility pole.
(7) The antennas and related equipment shall be in a color that will provide the most
camouflage, as determined by the Building Official. Ground based wireless facilities
shall be painted forest green, unless determined otherwise by the Building Official.
When on a black pole, wireless facilities shall be painted black, unless determined
otherwise by the Building Official.
(8) Antennas must be hidden within the utility pole or appear like an original part of
the utility pole.
ll Wires serving the wireless facilities must be concealed within or flush mounted to
the pole on which the facilities are collocated and insulated in accordance with
applicable codes.
10 The City Commission is authorized to identify by resolution forms of
acceptable wireless facilities that are consistent and compatible with the aesthetic,
safety, and other standards set forth in this article as well as prohibited wireless
facilities.
11 Antennas placed upon structures within the rights -of -way must meet the
following additional requirements if stealth design, concealment, and this article's
requirements regarding such cannot be met:
a. Top mounted antennas and their enclosures must not extend the diameter
of the supporting structure at the level of antenna attachment; and
b. Side -mounted antennas and their enclosures must be flush -mounted to
the supporting structure at the level of antenna attachment. Under no
circumstances shall antennas be mounted less than 12 feet above ground level.
(12) Street light fixtures with stealth wireless facilities.
a. On street lights, luminaires and bases should be roughly equal in size and
volume for a balanced appearance.
Ordinance No. 19-2164
Page 19 of 34
b. The decorative base of a street light should be between 10-25% of the pole
height.
c. The length of arms extending from the base should be between 20-25% of pole
height;
d. Arms should extend from the pole at a location within 20% of pole height from
the top of the pole.
e. Street light fixtures must meet AASHTO structural guidelines for roadway
application and ANSI requirements for vibrations.
f. Pole height shall be measured from the ground to the top of the utility pole,
which measurement shall include anv antennas built into or aooended to the
utility pole.
(13) New or replacement poles that support wireless or communications
facilities shall match the style, design, and color of the utility poles in the surrounding
area.
14) The size and height of new wireless or communications facilities in the rights -of -
way shall be no greater than the maximum size and height of any other utility or light
poles located in the same portion of the right-of-way within the city 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 of the small wireless facility. If there is no
utility pole within 500 feet, the height of the utility pole shall be limited to 50 feet,
unless the city determines that a lower height is warranted given the location context
for compatibility with existing or planned development within the vicinity of the
proposed location or other provision of this article warrants such; provided however,
that registrants proposing wireless or communications facilities with antennas to be
located on existing poles or other structures may increase the height of the existing
pole or other structure up to six feet, if necessary, to avoid adversely affecting existing
pole attachments; and provided further that the overall height above ground of any
wireless or communications facility shall not exceed 40 feet or exceed the existing
height of other utility or light poles located in the same portion of the right-of-way,
whichever height is less.
(15) Wireless and communications facilities shall be located at least ten feet from a
driveway, at least ten feet from the edge of existing trees 12 inches or greater in
diameter, at least 25 feet from a traffic signal pole unless mounted upon such traffic
Ordinance No. 19-2164
Page 20 of 34
signal pole, and at least 15 feet from any pedestrian ramp and 8 feet from the street
curb. The city may require greater setbacks from these and other fixtures in the ripht-
of-way to ensure proper sight lines for public safety purposes and in other cases as
deemed necessary to advance the purposes of this article.
(16) If the right-of-way is within or abuts a residential zoning district, wireless
and other communication facilities must be located where the shared property line
between two residential parcels intersects the right-of-way, whenever possible unless
an unsafe condition, cluttered appearance, or other violation of this article would
result.
(17) If the right-of-way is within or abuts a nonresidential district, wireless and
communications facilities must be located between tenant spaces or adjoining
properties where their shared property lines intersect the right-of-way, whenever
possible, unless an unsafe condition, cluttered appearance, or other violation of this
article would result.
(18) The city, in consultation with the city engineer where appropriate, may
waive any requirement under this section if the city determines that such requirement
is not reasonably compatible for the particular location of a wireless or other
communications facility or that such requirement imposes an excessive expense, or
where the waiver serves the intent or purposes of this article. The waiver shall be
granted or denied within 45 days after the date of the request.
Lk) Waivers and exemptions. The city commission may waive or reduce the burden of
any requirement of this section where doing so serves the intent or purposes of this
article.
Limitations; no property right. A permit from the city constitutes authorization to
undertake only certain activities in 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 public rights -of -way.
(m) Construction; maintenance; safety; inspection; and restoration.
(1) A registrant shall maintain its communication facility in public rights -of -way in a
manner consistent with accepted industry practice and applicable law.
Ordinance No. 19-2164
Page 21 of 34
(2) All safety practices required by applicable law or accepted industry practices and
standards shall be used during the construction, installation, or maintenance of
communications facilities.
(3) After the completion of any placement or maintenance of a communication
facility in public rights -of -way or each phase thereof, a registrant shall, at its own
expense restore the public rights -of -way to its original condition before such work. If
the registrant fails to make such restoration within 30 days acknowledgment or such
longer period of time as may be reasonably required under the circumstances,
following the completion of such placement or maintenance, the city may perform
restoration and charge the costs of the restoration against the registrant in
accordance with F.S. § 337.402 as it may be amended. 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.
(4) In connection with excavation in the 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 it may be amended.
(5) Registrant shall use and exercise due caution, care and skill in performing work in
the public rights -of -way and shall take all reasonable steps to safeguard work site
areas. The person constructing, installing, and maintaining wireless facilities must be
a licensed electrician certified to work as a lineworker, or successfully complete an
accredited lineworker apprenticeship program.
(6) A registrant shall not place or maintain its communications facilities so as to
interfere with displace, damage or destroy any utilities, including but not limited to,
sewers gas or water mains, storm drains, pipes, cables or conduits of the city or any
other person's facilities lawfully occupying the public rights -of -way of the city.
(7) The city shall have the right to make such inspections of communications facilities
placed or maintained in public rights -of -way as it finds necessary to ensure
compliance with this article.
(n) Removal and relocation.
(1) The grant of a permit under this article shall not limit the authority and discretion
of the city to regulate and control the public rights -of -way, and the city may at any
time require the removal or relocation of a wireless or other communications facility
Ordinance No. 19-2164
Page 22 of 34
within the rights -of -way in the interests of the public welfare, health, or safety, or as
otherwise authorized by law. The registrant must remove its wireless facilities within
30 days notice that the City will remove a utility pole.
(2) Removal or relocation at the direction of the city of a registrant's communications
facility in public rights -of -way shall be governed by applicable requirements of F.S.
337.403 and 337.404, as they may be amended, in addition to any other applicable
city regulations or provisions of law. Unless otherwise provided by law, this City Code,
or agreement, a registrant shall bear all costs of any removal or relocation of its
facilities.
(o) Coordination of work; work schedule. Upon request of the city, and as notified by
the city of the 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 time frame in the subject public rights -of -way,
and registrant may be required to reasonably alter its placement or maintenance
schedule as necessary so as to minimize disruptions
(p) No warranties; vacation of rights -of -way. The city makes no warranties or
representations regarding the fitness, suitability, or availability of the city's public rights -
of -way, citv-owned structures, and city -owned real property for the registrant's
communications facilities and any performance of work, costs incurred or services
provided by registrant shall be at registrant's sole risk. Nothing in this article shall affect
the city's authority to add to, vacate or abandon public rights -of -way, or add vehicular
travel lanes, and the city makes no warranties or representations regarding the
availability of any added, vacated or abandoned public rights -of -way for communications
facilities.
(q) Alteration of rights -of -way; other work and facilities in rights -of -way.
(1) The city reserves the right to place and maintain, and permit to be placed or
maintained, sewer, gas, water, electric, storm drainage, communications, and other
types of facilities, cables or conduit, and to do, and to permit to be done, any
underground and overhead installation or improvement that may be deemed
necessary or proper by the city in public rights -of -way occupied by the registrant. The
city further reserves without limitation the right to alter, change, or cause to be
changed, the grading, installation, relocation, or width of the public rights -of -way
within the limits of the city and within said limits as same may from time to time be
altered.
Ordinance No. 19-2164
Page 23 of 34
(2) A registrant shall, on the request of any person holding a permit issued by the city,
temporarily raise or lower its wireless or other communications facilities to permit the
work authorized by the permit. The expense of temporarily raising or lowering
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.
(3) Replacement and maintenance of wireless facilities. The city shall not require
approval or require fees or other charges for:
a. Routine maintenance;
b. The performance of service restoration work on existing facilities, or repair
work, including but not limited to emergency repairs of existing facilities or
extensions of such facilities for providing communications services to customers;
c. Replacement of existing wireless facilities with wireless facilities that are
substantially similar or of the same or smaller size; or
d. a communications service provider authorized to occupy the rights -of -way and
who is remitting taxes under chapter 202.
Notwithstanding this paragraph, for public safety, the wireless provider must give
reasonable notice to the city's public works department before undertaking these
activities and a right-of-way permit shall be required for work that involves
excavation, closure of a sidewalk, or closure of a vehicular lane.
(4) The City may charge an annual connection fee for each small wireless facility
collocated upon a city utility pole in the amount of $150.00.
(r) Additional authority; permit conditions. To the extent not otherwise prohibited by
state or federal law and this chapter, the city shall have the power to prohibit or limit the
placement of new or additional communications facilities within all or parts of the public
rights -of -way. The city may impose reasonable conditions upon the grant of a permit, in
addition to the specific requirements of this code, as deemed appropriate to advance the
intent or purposes of this article and as is consistent with the law.
(s) The approval of the installation, placement, maintenance, or operation of a small
wireless facility or other communications facility pursuant to this article does not
authorize the installation, placement, maintenance, or operation of any facility other than
that approved.
Ordinance No. 19-2164
Page 24 of 34
(t) Make -Ready for Collocation.
(1) For a city utility pole that does not support an aerial facility used to provide
communications services or electric service, the applicant seeking to collocate a small
wireless facility shall 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 city shall 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 right-of-way. The replaced or altered utility pole shall remain the
property of the city.
(2) The city shall not require more make-ready work than is required to meet
applicable codes or industry standards.
(3) Fees for make-ready work shall not include costs related to preexisting damage or
prior noncompliance. Fees for make-ready work, including any pole replacement,
shall not exceed actual costs or the amount charged to communications service
providers other than wireless services providers for similar work and shall not include
any consultant fee or expense.
(4) Fees for make-ready work must be paid to the City, even if they exceed the
applicant's estimate, before the wireless facilities may be operational.
Sec. 78-37. - Suspension of permits.
(a) The city may suspend a permit for work in the public rights -of -way for one or more of
the following reasons:
(1) Violation of permit conditions, including conditions set forth in the permit, this
article or other applicable city ordinances, codes or regulations governing placement
or maintenance of communications facilities in public rights -of -way;
(2) Misrepresentation or fraud by registrant in a registration or permit application to
the city;
(3) Failure to properly renew or ineffectiveness of registration; or
Ordinance No. 19-2164
Page 25 of 34
(4) Failure to relocate or remove facilities as may be lawfully required by the city.
(b) The city manager or designee shall provide notice and an opportunity to cure any
violation of subsections (a)(1) through (a)(4) of this section, each of which shall be
reasonable under the circumstances.
Sec. 78-38. - Appeals.
Any final decision by a City official or board other than the City Commission may be
appealed to the City Commission by filing a written notice of appeal with the city manager
or designee within 30 days of the date of the decision. Any appeal not timely filed as set
forth above shall be waived. A timely filed appeal shall be heard and a written decision
issued within 45 days after the notice of appeal is filed. The decision shall identify the
specific code provisions on which the denial is based. Any final decision by the City
Commission is subject to review as provided by law.
Sec. 78-39. - Involuntary termination of registration.
(a) The city may terminate a registration if:
(1) A federal or state authority suspends, denies, or revokes a registrant's certification
or license to provide communications services;
(2) The registrant's placement or maintenance of a communications facility in the
public rights -of -way presents an extraordinary danger to the general public or other
users of the public rights -of -way and the registrant fails to remedy the danger
Promptly after receipt of written notice; or
(3) The registrant ceases to use all of its communications facilities in public rights -of -
way and has not complied with section 78-46.
(b) Prior to termination, the registrant shall be notified by the city manager or designee
with a written notice setting forth all matters pertinent to the proposed termination
action, including which of subsections (a)(1) through (a)(3) of this section is applicable as
the reason therefor, and describing the proposed action of the city with respect thereto.
The registrant shall have 60 days after receipt of such notice within which to address or
eliminate the reason or within which to present a plan, satisfactory to the city manager
or designee, to accomplish the same. If the plan is rejected, the city manager or designee
shall provide written notice of such rejection to the registrant and shall make a
recommendation to the city commission regarding a decision as to termination of
registration. A decision by the city to terminate a registration may only be accomplished
Ordinance No. 19-2164
Page 26 of 34
by an action of the city commission. A registrant shall be notified by written notice of any
decision by the city commission to terminate its registration. Such written notice shall be
sent within seven days after the decision.
(c) In the event of termination, the former registrant shall: (i) notify the city of the
assumption or anticipated assumption by another registrant of ownership of the
registrant's communications facilities in public rights -of -way; or (ii) provide the city with
an acceptable plan for disposition of its communications facilities in public rights -of -way.
If a registrant fails to comply with this subsection, the city may exercise any remedies or
rights it has at law or in equity, including but not limited to taking possession of the
facilities where another person has not assumed the ownership or physical control of the
facilities or requiring the registrant within 90 days of the termination, or such longer
period as may be agreed to by the registrant, to remove some or all of the facilities from
the public rights -of -way and restore the public rights -of -way to its original condition
before the removal.
(d) In any event, a terminated registrant shall take such steps as are necessary to render
safe every portion of the communications facilities remaining in the public rights -of -way
of the city.
(e) In the event of termination of a registration, this section does not authorize the city to
cause the removal of communications 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 city if required.
Sec. 78-40. - Existing communications facilities in public rights -of -way.
A communications services provider with an existing communications facility in the public
rights -of -way of the city has 60 days from the effective date of the ordinance from which
this article is derived to comply with the terms of this article, including, but not limited to,
registration, or be in violation thereof.
Sec. 78-41. - Insurance.
u A registrant shall provide, pay for and maintain satisfactory to the city an
acceptable policy or policies of liability insurance, including comprehensive general
liability insurance, products/completed operations liability, personal iniury liability,
owners and contractors protective liability, broad form property damage, contractual
liability, automobile liability (owned, non -owned and hired automobiles), workers'
compensation and employee liability.
Ordinance No. 19-2164
Page 27 of 34
Policies of liability insurance shall be in the minimum single limit amount of
$5,000,000.00 per occurrence.
ll The insurance policy or policies shall contain contractual liability insurance naming
the city as an insured, and shall also insure against the types of liabilities covered by the
indemnification and hold harmless provisions of this article.
All insurance shall be from responsible companies duly authorized to do business
in the state and having a rating reasonably acceptable to the city.
u All liability policies shall provide that the city is an additional insured as to the
activities under this article. The required coverages must be evidenced by properly
executed certificates of insurance forms. The certificates must be signed by the
authorized representative of the insurance company and shall be filed and maintained
with the city annually.
(f) Thirty days' advance written notice by registered, certified or regular mail as
determined by the city must be given to the city of any cancellation, intent not to renew
or reduction in the policy coverages.
llgl The insurance requirements may be satisfied by evidence of self-insurance with
sufficient financial strength and reserves or other types of insurance acceptable to the
city.
Sec. 78-42. - Indemnification.
(a) By applying for a permit under this article, a registrant agrees that it shall, at its
sole cost and expense, indemnify, hold harmless, and defend the city and the city's
officials, officers, agents, and employees, from and against any and all claims, suits, causes
of action, proceedings, injuries, trespasses, judgments for damages or equitable relief,
and costs and expenses asserted against or incurred by the city arising out of or
concerning the registrant's operation, placement or maintenance of registrant's wireless
or other communications facilities in public rights -of -way, regardless of whether the act
or omission complained of is authorized, allowed or prohibited by this article; provided,
however, that a registrant's obligation hereunder shall not extend to any claims caused
by the negligence, gross negligence or wanton or willful acts of the city, nor to any claims
not caused by the registrant or its agents. Registrant shall be fully responsible for
ensuring that registrant's and its agents' or contractors' technology, equipment and
facilities placed within the city does not create health and safety issues, including without
limitation, health problems, cancer, iniuries, decease or death, and this indemnification
Ordinance No. 19-2164
Page 28 of 34
and hold harmless provision shall extend to protect the city and its officers, officials,
employees and agents from lawsuits, claims and damages concerning such matters. This
provision includes, but is not limited to, the city's reasonable attorneys' fees, experts' fees
and costs incurred in defending against any such claim, suit or proceedings using
attorneys and experts selected by the city. The city agrees to notify the registrant, in
writing, within a reasonable time of the city receiving notice, of any issue it determines
may require indemnification. Nothing in this section shall prohibit the city from
participating in the defense of any litigation by its own counsel and at its own cost if in
the city's reasonable belief there exists or may exist a conflict, potential conflict or
appearance of a conflict. 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; or
(2) As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as
it may be amended.
(b) The indemnification and hold harmless requirements of this section shall survive
and be in effect after the termination, suspension or cancellation of a registration.
Sec. 78-43. - Construction bond.
(a) Prior to issuing a permit, the city may require a construction bond to secure
restoration of the postconstruction rights -of -way to the preconstruction condition. Such
bond must be time -limited to not more than 18 months after the construction to which
the bond applies is completed.
Sec. 78-44. - Enforcement remedies.
La I A registrant's failure to comply with provisions of this article shall constitute a
violation of this article and shall subiect the registrant to the code enforcement provisions
and procedures as provided in the applicable code of the city.
In addition violation of this article may be punishable as provided in F.S. § 162.22,
as it may be amended.
ll Before imposing a fine pursuant to this section, the city manager or the city
manager's designee shall give written notice of the violation and its intention to assess
such penalties which notice shall contain a description of the alleged violation. Following
receipt of such notice the registrant shall have 30 days to either: (a) cure the violation to
Ordinance No. 19-2164
Page 29 of 34
the city's satisfaction and the city shall make good faith reasonable efforts to assist in
resolving the violation; or (b) file an appeal with the city to contest the alleged violation.
If no appeal is filed and if the violation is not cured within the 30-day period, the city may
collect all fines owed, beginning with the first day of the violation, through any means
allowed by law.
(d) In determining which remedy is appropriate, the city shall take into consideration
the nature of the violation, the person bearing the impact of the violation, the nature of
the remedy required in order to prevent further violations, and such other matters as the
city determines are appropriate to the public interest. In any proceeding before the city
where there exists an issue with respect to a registrant's performance of its obligations
pursuant to this article, the registrant shall be given the opportunity to provide such
information as it may have concerning its compliance with the terms and conditions of
this article. The city may find a registrant that does not demonstrate compliance with the
terms and conditions of this article in default and apply any remedy as authorized by this
article or other applicable laws, ordinances, regulations or city codes. The city manager
or a designee shall be responsible for administration and enforcement of this article, and
is authorized to give any notice required by law. Failure of the city to enforce any
requirements of this article shall not constitute a waiver of the city's right to enforce that
violation or subsequent violations of the same type or to seek appropriate enforcement
remedies.
Sec. 78-45. - Abandonment.
(a) Upon abandonment of a communications facility owned by a registrant in public
rights -of -way, the registrant shall notify the city within 90 days.
(b) The city may direct the registrant by written notice to remove all or any portion of
such abandoned communications facility at the registrant's sole expense if the city
determines that the abandoned facility's presence interferes with the public health,
safety or welfare, which shall include, but shall not be limited to, a determination that
such facility: (a) compromises safety at any time for any public rights -of -way user or
during construction or maintenance in public rights -of -way; (b) prevents another person
from locating facilities in the area of public rights -of -way where the abandoned facility is
located when other alternative locations are not reasonably available; (c) creates a
maintenance condition that is disruptive to the public rights -of -ways use; or (d) removal
of the communications facility would improve or enhance the city's aesthetics. In the
event of (b), the city may require the third person to coordinate with the registrant that
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owns the existing facility for joint removal and placement, where agreed to by the
registrant.
(c) In the event that the city does not direct the removal of the abandoned facility,
the registrant. by its notice of abandonment to the citv. shall be deemed to consent to
the alteration or removal of all or any portion of the facility by the city or another person
at such third party's cost.
(d) If the registrant fails to remove all or any portion of an abandoned facility as
directed by the city within a reasonable time period as may be required by the city under
the circumstances, the city may perform such removal and charge the cost of the removal
against the registrant or any successor in interest to the registrant.
Sec. 78-46. - Force maieure.
u 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
purposes of this article, causes or events not within a registrant's control shall include,
without limitation, 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. 78-47. - Reservation of rights and remedies.
(a) The city reserves the right to amend this article as it shall find necessary in the
lawful exercise of its police powers.
(b) This article shall be applicable to all communications facilities placed in the public
rights -of -way on or after the effective date of the ordinance from which this article
derives and shall apply to all existing communications facilities in the public rights -of -way
prior to the effective date of the ordinance, to the full extent permitted by state and
federal law.
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(c) The adoption of this article is not intended to affect any rights or defenses of the
city or a communications service provider under any existing franchise, license or other
agreements with a communications services provider.
(d) Nothing in this article shall affect the remedies the city or the registrant has
available under applicable law.
(e) Any person who uses the communications facilities of a registrant, other than the
registrant that owns the facilities, shall not be entitled to any rights to place or maintain
such facilities in excess of the rights of the registrant that places or maintains the facilities.
Sec. 78-48. - Pass -through provider fees and charges.
(a) Pass -through providers shall pay to the city on an annual basis an amount equal
to $500.00 per linear mile or portion thereof of communications facilities placed and/or
maintained in the city's rights -of -way. For purposes of this section, the city's rights -of -way
do not include rights -of -way that extend in or through the city but are state, county or
another authority's roads or rights -of -way.
(b) The amounts charged pursuant to this section shall be based on the linear miles
of rights -of -way where a wireless communications facility is placed, not based on a
summation of the lengths of individual cables, conduits, strands or fibers. Multiple cables,
conduits strands or fibers located within the same conduit shall be considered one
communications facility for purposes of this subsection.
(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 city
pursuant to F.S. ch. 202.
(d) Fees for Non -Collocated Communications Facilities.
(1) Fees for non -collocated communications facilities may be charged to any person
not a dealer of communications services as defined by Florida Statutes § 202.11.
(2) Annual payments shall be due and payable on April 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 city 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 city may have for additional sums due and payable.
All fee payments shall be subject to audit by the city, and assessment or refund if any
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Payment is found to be in error. If such audit results in an assessment by and an
additional payment to the city, such additional payment shall be subject to interest at
the rate of one percent per month until the date payment is made.
(e) Collocation Fees.
(1) The wireless infrastructure provider shall remit a $150.00 collocation fee
per wireless facility to the City with the application to pay for the first year's fee for
collocating small wireless facilities on a city utility pole.
(2) The wireless infrastructure provider shall remit a $150.00 collocation fee per
wireless facility to the City within thirty (30) days of the anniversary of the approval
of the collocation. Failure to timely pay the Collocation Fee shall result in the
immediate forfeiture of all rights to collocate on the city utility pole and any wireless
equipment collocated on the utility pole shall be removed within thirty (30) days.
(f) Fees for City Connections. The City reserves the right to assess pole connection fees
or other fees for the use of city employees and contractors as welt as fees for access to
any fiber network the city may construct.
(g) If the payments required by this section are not timely made by the due date, the
city may withhold the issuance of any permits, including for other wireless facilities, to
the registrant until the amount past due is paid in full.
SECTION 3. Codification. This Ordinance shall be incorporated into the Longwood City
Code. Any section, paragraph number, letter and/or any heading may be changed or modified as
necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may
be corrected, and additions, alterations, and omissions not affecting the construction or meaning
of this ordinance or the City Code may be freely made.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and
any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as
allowable under the law.
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SECTION 6. Effective date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Longwood, Florida.
FIRST READING: October7, 2019
SECOND READING: October 21, 2019
ADOPTED this 21 day of October, 2019, by the City Commission of the City of Longwood, Florida.
CITY COMMISSION
00
Matt Morgan, Mayor
ATTE j
Michelle long - MC, F M
City Clerk
Appro as t form and legality for the use and reliance of the City of Longwood, Florida only.
Daniel W. Lan , City ttorney
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