25-2269 Amending City Code, Communications Facilities in Public Rights of Way, Concerning Requirements ORDINANCE 25-2269
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AMENDING CHAPTER 78, ARTICLE II,
COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY, CITY
OF LONGWOOD CODE OF ORDINANCES TO AMEND RIGHT-OF-
WAY PERMIT APPLICATION REQUIREMENTS, TO ADD CASH
ESCROW REQUIREMENTS FOR INSTALLATION OF
COMMUNICATIONS SERVICES FACILITIES WITHIN PUBLIC
RIGHTS-OF-WAY AND TO PROVIDE FOR STOP WORK ORDERS;
PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, Section 337.401, Florida Statutes, provides that a permit for the installation of
a utility within a public right-of-way must require the permit holder to be responsible for any
damage resulting from the issuance of such permit, and the reasonable rules and regulations
adopted herein are intended to ensure compliance with such statute; and
WHEREAS, Section 337.401, Florida Statutes, also provides that a municipality may adopt
by ordinance provisions for insurance coverage, indemnification, force majeure, abandonment,
authority liability, or authority warranties; and
WHEREAS, Section 337.401(2), Florida Statutes, states that "[t]he permit must require
the permitholder to be responsible for any damage resulting from the issuance of such
permit;" and
WHEREAS, the cash escrow and escrow agreement requirements set forth in this
ordinance are the equivalent of a construction bond secured by cash; and
WHEREAS,the letter of credit and letter of credit draw agreement requirements set forth
in this ordinance are the equivalent of a construction bond secured by a letter of credit; and
WHEREAS, nothing in Section 337.401, Florida Statutes defines the terms of a
construction bond, requires a construction bond to be issued by a surety, or prohibits a
construction bond from being in a form of an agreement with the city secured by cash or a letter
of credit; and
WHEREAS, Section 337.401, Florida Statutes, provides that a municipality may adopt
other reasonable rules and regulations relating to the placement or maintenance of
communication facilities in its roads or rights-of-way and may require the registration of the
communication services providers; and
WHEREAS, the City Commission finds it to be in the best interest of the public health, to
amend the definitions of Chapter 78, Article II, City of Longwood Code of Ordinances in the
manner specified in this Ordinance.
NOW,THEREFORE, BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS:
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SECTION 1: Authority. The City of Longwood has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes
and Chapter 337.401, Florida Statutes.
SECTION 2: Adoption. Section 78-36, Section 78-43, and Section 78-44 of Chapter 78, Article
II of the City of Longwood Code is amended to read as follows (words that are stricken out are
deletions; words that are underlined are additions; provisions not included are not being
amended):
ARTICLE II. COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY
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.
(3) No wireless facility or other communications facility shall materially interfere with the safe operation of
traffic control equipment.
(4) 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.
(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 eight 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
conjunction with the city's undergrounding of electric utilities.
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(13) Wireless facilities and other communications facilities may not block or materially interfere with the
view of signs of commercial businesses or street signs.
(b) 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.
(c) 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;
(2) Wireless facilities and other communications facilities shall be grounded and otherwise comply fully
with all applicable electrical codes;
(3) 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;
(4) 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.
(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.
(2) 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.
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(3) Permit duration.A permit issued pursuant to an approved application shall remain in effect for one
year unless extended by the city.
(4) Project area. Due to the constraints placed on city staff concerning communication services facilities
installation projects and associated utility locates and need to ensure that damage caused by the permit
holder's installation activities is timely corrected,the city shall have the right to limit the area of the
applicant's work site per permit to not exceed 4,000 linear feet as a condition of any right-of-way permit.
This provision does not apply to the installation of wireless facilities.
(45) 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.
(56) 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.
(67) 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 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.
(78) 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 rejection 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:(i) upon approval of a right-of-
way permit by the city for locations within city controlled public rights-of-way,or(ii) upon approval by 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 concerning locations not within city controlled
public rights-of-way. 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.
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a. For each proposed wireless facility or communications facility location,submit plans prepared by,
approved, and signed by a qualified professional engineer showing:
i. The location of each proposed communications facility;
ii. True-to-scale site plan depicting all physical improvements including 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. Existing utilities in the immediate vicinity.
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 project or each phase thereof, and the areas of the city which will
be affected;
(8) Photographs and graphic or simulated renderings.
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 adjacent
properties from four 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.
(11) Each applicant for a right-of-way permit must have an owner's authorization executed by the
communication services facilities owner authorizing the applicant to apply for a right-of-way permit on
its behalf. The owner's authorization must provide that the communication services facilities owner
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accepts responsibility for the acts and omissions of the permit applicant and its contractors,
subcontractors and others performing work through the applicant.The owner's authorization must be
executed by the same legal entity that is registered with the city under section 78-34 and such
communication services facilities owner entity will be a permit holder upon issuance of a permit. The
owner's authorization must be in a form and with terms acceptable to the city. The city manager or
his/her designee is authorized to create an owner's authorization form for use by applicants. The city
has the right not to process any permit application submitted without a fully executed owner's
authorization.
(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.
(j) Objective 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.
(1) Any above-ground wireless or other communications facilities shall be concealed and utilize stealth
design.Such stealth design and concealment shall eliminate the 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.
(2) Any application or proposal to locate equipment at ground level on or adjacent to a pole or tower and
any application or proposal to locate elevated equipment(other than antennas) on or adjacent 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 city 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.
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(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 feet above the utility pole
or structure upon which the 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.
(9) 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.
b. The decorative base of a street light should be between 10-25 percent of the pole height.
c. The length of arms extending from the base should be between 20-25 percent of pole height;
d. Arms should extend from the pole at a location within 20 percent 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 any antennas built into or appended 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,
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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 signal pole, and at least 15 feet from any pedestrian ramp
and eight feet from the street curb.The city may require greater setbacks from these and other
fixtures in the right-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 non-residential 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.
(k) 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.
(I) 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.
(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.
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(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 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, city-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.
(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
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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. Regardless of
whether stated in the permit, in accordance with F.S.337.401(2)the permit requires the permitholder to be
responsible for any damage resulting from the issuance of such permit.The communication services facilities
owner of the facilities being installed will be a permit holder.
(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.
(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.
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(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. 78-43. Construction bond in the form of a cash escrow or letter of credit.
(a) The city shall not be liable or responsible for damages or repair cost caused by a permit holder's
communication services facilities installation activities.
(b) As a condition to applying for a permit for the installation of communication services facilities with the right-
of-way,each applicant for a right-of-way permit involving a project area exceeding 500 linear feet must either:
(i)execute an escrow agreement and submit into escrow with the city a cash deposit in an amount equal to
$250,000; or(ii) execute a letter of credit draw agreement with terms acceptable to the city and deliver an
original letter of credit in the amount of$250,000 drawable by the city from a local bank within Seminole
County, Florida.
{cl As a condition to applying for a permit for the installation of communication services facilities with the right-
of-way,each applicant for a right-of-way permit involving a project area of 500 linear feet or less must either:
(i)execute an escrow agreement and submit into escrow with the city a cash deposit in an amount equal to
$25,000; or (ii) execute a letter of credit draw agreement with terms acceptable to the city and deliver an
original letter of credit in the amount of$25,000 drawable by the city from a local bank within Seminole
County, Florida. Provided however,if an applicant for a right-of-way permit has a history of causing damages
during installation activities within rights-of-way,then the city may require a minimum cash escrow or letter
of credit of$250,000.
kli The cash deposit or letter or credit will be held by the city from the issuance of the right-of-way permit and
until 200 days after completion of the installation of the communications services facilities subject to the
permit. Provided, however,the city and applicant may mutually agree to a modified cash escrow or letter of
credit to accommodate an applicant's request for multiple right-of-way permits within a year; such
modifications may include utilizing one cash escrow or letter of credit for multiple right-of-way permits or
adjusting the holding period. Subject to deductions to correct damages as allowed by the escrow agreement
or letter of credit draw agreement,the cash deposit or letter of credit will be returned to the applicant on the
200th day after the completion of the installation of the communications services facilities subject to the
permit. The cash deposit or letter of credit will be held as security to ensure that damages caused by the
applicant or its contractors and subcontractors during its installation activities are promptly corrected. The
escrow agreement will allow the city to use escrow funds or letter of credit to correct property damages,
including to other utilities and improvements within the right-of-way and to adjacent public or private
property.
(e) The escrow agreement, letter of credit draw agreement and letter of credit will be in a form and with terms
acceptable to the city.The city manager is authorized to create an escrow agreement and letter of credit draw
agreement for use by applicants. No right-of-way permit for the installation of communication services
facilities will be issued unless and until the required escrow agreement or letter of credit draw agreement is
executed and the required cash deposit or letter of credit is made.
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(� Except for the provisions of subsection (a), this section does not apply to communication services facilities
relocation work compelled by the Florida Department of Transportation or the city pursuant to section
337.403, Florida Statutes.
(g) This section does not apply to efforts to repair damaged communications services facilities already installed
in the right-of-way unless such efforts involve a replacement of facilities in an area larger than 200 linear feet.
***
Sec. 78-44. Enforcement remedies.
(a) A registrant's failure to comply with provisions of this article shall constitute a violation of this article and
shall subject the registrant to the code enforcement provisions and procedures as provided in the applicable
code of the city.
(b) If at any time it is discovered that a permit holder for the installation of communication services facilities or
its contractors,subcontractors or any others performing work through the permit holder caused damages to
other utilities and improvements within the right-of-way or to adjacent public or private property and such
damages were not promptly corrected by the permit holder,the city shall have the authority to issue a stop
work order under all permits obtained by the permit holder. If a stop work order is issued by the city,all
work on the permits impacted by the stop order shall cease and not recommence unless and until the stop
work order is released.
(bc) In addition,violation of this article may be punishable as provided in F.S.§162.22,as it may be amended.
(ed) 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 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.
(de) 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.
•
SECTION 3. Conflicts. If any ordinance or part thereof is in conflict herewith, this Ordinance shall
control to the extent of the conflict.
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SECTION 4:Severability. The provisions of this Ordinance are declared to be separable and if any
section, paragraph, sentence or word of this Ordinance or the application thereto any person or
circumstance is held invalid,that invalidity shall not affect other sections or words or applications
of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise
superseded, the remainder shall nevertheless be given full force and effect to the extent
permitted by the severance of such preempted or superseded part.
SECTION 5: Codification. Section 2 of this Ordinance shall be incorporated into the Longwood
City Code. Any section, paragraph number, subsection number, letter, and/or any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and other similar or like errors may be corrected, and additions, alterations, and omissions not
affecting the construction or meaning of this ordinance or City Code may be freely made.
SECTION 6: Effective Date. This Ordinance shall take effect immediately upon its adoption.
FIRST READING: May 19, 2025
SECOND READING AND ADOPTION: June 2, 2025
PASSED AND ADOPTED THIS 2nd DAY OF June, 2025
CITY COMMISSION
CITY OF LONGWOOD, FLORID
d
BRIAN SACK YOR
ATTEST:
IC L N , MMC, FCRM, City Clerk
Approv form and legality for the use and reliance of the City of Longwood, Florida, only.
.ram'
DANIEL W. LAN I TTORNEY
S:\AKA\CLIENTS\Longwood,City of\General L324-21313\Communication Facilities within Rights-of-Way\Ordinance 25-2269 amending ARTICLE_II.COMMUNICATIONS_FACILITIES_IN_PUBLIC_RIGHTS_OF_WAY5-23-2025.donn
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