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Agenda Item 1B- Minutes 11-27-17November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 2 of12 and recreational, to bring cultural diversity to Atlantic Beach. He stated they were denied funding. Mr. Usher asked for clarification of the standards used to determine funding eligibility. He stated other organizations have received funding that is not cultural or related to Atlantic Beach. Mr. Usher submitted his event information to the City Clerk for the record. He stated one of the entertainers is Jason Eskridge, a singer who performed at the Presidential Inauguration. Also, Terry Boykin, who created Playmakers Basketball Academy located in Tennessee, has a basketball camp that teaches skills. Mr. Usher also spoke about Mayport Road safety issues and installing a pedestrian walkover bridge. Mitch Reeves spoke about 7B, Ordinance No. 65-17-39, stating more information is needed and suggested having a workshop to allow for public input before passing this ordinance. He also spoke about Mayor Glasser changing the order of the agenda. Mr. Reeves stated he thought that had to be done by a Charter Amendment through a referendum on the ballot. Courtesy of the Floor closed. 3. Unfinished Business from Previous Meetings A. Recommendation to award funding to Atlantic Beach Elementary and Mayport Coastal Sciences Middle schools for after-school enrichment (ASE) programs. Commissioner Stinson explained that CARAC incorporated changes to standardize the application form and process used for awarding grants. A consequence of that change was a funding deficit affecting the ASE programs at these two schools in Atlantic Beach and those children/families who participate in the programs. Commissioner Stinson requested finding a funding source to make up this deficit for the schools. He met with Finance Director Russell Caffey and Recreation Director Timmy Johnson about this request and the results show there are funds available from salary lapses in the budget. City Manager Gerrity agreed with the findings that the salary lapses will cover the costs. Recreation Director Timmy Johnson commented that other organizations have received funding in the past. Grant Healy, CARAC chair, spoke about the scoring sheet used for both of these schools. He stated he was in favor of providing additional funding now and that it should come back to CARA C in their budget. Motion: Award Atlantic Beach Elementary School an additional $10,500 funding for ASE Programs; Award Mayport Coastal Sciences Middle School an additional $5,000 Funding for ASE Programs. Moved by Stinson, Seconded by Waters Commissioner Kelly agreed with the process used by CARAC to award funding. She is in favor of fixing this imbalance now but suggests this should be a line item for future budgeting and allow CARAC to continue operating with their approved process. Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 3 of 12 Commission Norris agreed with fixing this now and that going forward it should be a line item in the budget. Commissioner Stinson expressed his appreciation for consideration of the additional funding for the schools. He stated that CARAC does a good job recognizing and managing the needs in the City without input from the Commission. He supports this item going back to CARAC and not being a budgeted line item. Commissioner Waters questioned Mr. Healy ifthis should be a separate budget line item, outside of CARAC purvue, or if CARAC needs to tweek their awards process and their budget so going forward the ASE Programs will fall under CARAC? Mr. Healy stated the schools have received awards for a long time. Now, due to limited funds available, the amount has been capped at $5,000.00. He questioned if this becomes a line item in the budget will the City review how the schools spend those funds? Discussion ensued about the current process used by CARAC, about keeping the schools' funding process with CARAC, about the benefits of the ASE Programs for the students, and about the schools looking elsewhere for alternate resources and funding. The consensus of the Commission was to provide support to the schools now, as stated in the motion. Moving forward the application and award process will stay with CARAC and encourage the schools to search for alternate resources for additional funding. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED 5. Committee Reports A. Contribution Request Recommendation for Cultural Arts and Recreation Advisory Committee. City Manager Gerrity spoke about the contribution request recommendations that have met all the CARAC requirements and are listed on the agenda memo. Commissioner Norris questioned the scoring and award differences listed for OMI International and Deck The Chairs. Recreation Director Timmy Johnson and Mr. Healy responded that OMI was not something that could be realized as a Beaches community event. Motion: Approve the contribution request as recommended by the Cultural Arts and Recreation Advisory Committee. Moved by Stinson, Seconded by Waters Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 4 of 12 Commissioner N onis expressed concerns for inconsistency in the rankings and providing funding to the Deck The Chairs event in Jacksonville Beach as opposed to funding a group in Atlantic Beach. Commissioner Stinson spoke briefly about the history of funding grants and how it changed to the current process under CARAC. The City charged this committee with the duties and responsibilities and he stated we need to honor their work to improve the methodology now used for scoring and funding grants. Commissioner Waters spoke about the goal of the cunent CARAC process which is to maintain transparency and fairness. She spoke about the Jazz Festival, Arts In The Park, Acoustic Night, and Songwriter Night. Commissioner Kelly asked Mr. Johnson about the $15,500 budget line item for Atlantic Beach Programs, if the City funds baseball, and if there is a basketball program. Mr. Johnson responded the $15,500 is for the After School Enrichment (ASE) programs at Atlantic Beach Elementary. The City does not fund baseball; it is self-sufficient through the registration fees. He stated there are no basketball programs. Mayor Glasser extended her thanks to Mr. Johnson and Mr. Healy for their work and supports CARAC and what they are doing. Based on discussion and comments, she acknowledged there are still some issues to work out. She encouraged Mr. Usher to continue his dialogue with the City. Roll Call Votes: Aye: 4 Stinson, Waters, Kelly, Glasser Nay: 1 Norris MOTION CARRIED by a 4 to 1 vote. 3. B. Appoint Commissioner to Chair the Board Member Review Committee. Motion: Reappoint Commissioner Stinson as Chair to the Board Member Review Committee beginning December 1, 2017. Moved by Kelly, Seconded by Nonis Mayor Glasser stated Commissioner Stinson has served as the Chair for the last year and has done an exemplary job and would like to see him continue in this position. Commissioner Stinson responded that he would like to be reappointed. Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote 3. C. Mayor Pro Tempore Appointments Mayor Glasser stated this was discussed at a round table meeting. Both Commissioner Stinson and Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES-REGULAR COMMISSION MEETING Page 5 of 12 Commissioner Waters have been on the Commission these past two years. Mayor Glasser stated she is asking for a motion to appoint Commissioner Waters to serve as the Mayor Pro Tern. Mayor Glasser spoke about the history of the Waters Family in Atlantic Beach, and thanked the family members for their attendance. She spoke about Desmond Waters, father of M. Blythe Waters. Mayor Glasser spoke about his service to the City of Atlantic Beach as Commissioner and Mayor Pro Tern. He was committed to making Atlantic Beach a better place, as well as the world around him, and Mayor Glasser stated she sees this in Commissioner M. Blythe Waters, his daughter. Motion: Appoint Commissioner Waters as Mayor Pro Tern beginning December 1, 2017. Moved by Stinson, Seconded by Norris Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote Commissioner Waters spoke about being part of an important legacy and she hopes one day her own daughter will be pmi of that too. She spoke about service to the community. 9. City Manager A. City Manager's Report City Manager Gerrity reported the Hurricane Irma debris removal costs are estimated at $788,000 and will not have to use the full $1,000,000 previously allocated by the Commission. He spoke about Safe Routes to School and reported the program is moving forward and going out for bids in December. Construction should start by the end of the first quarter of2018. City Manager Gerrity gave a reminder of the workshop scheduled for December 8th, topic to be announced. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Stinson • Apologized to Mayor Glasser regarding his welcoming comments made at the last meeting to the incoming Commissioners. He explained his intent which was to say this is a great job, very emiching and rewarding. • Spoke about the discussion at a recent workshop regarding a 2014 U.S. Supreme Court ruling and changing the prayer at our meetings. He stated what we were doing is allowed according to that U.S. Supreme Court opinion and we were doing it outside the boundaries of our meeting, before the meeting convened. He expressed his opposition to the Commission's recent change. • Requested the City investigate the house next to Bull Park and Adele Grage for unsafe conditions and probable code violations. • Spoke about standards applied for trash receptacles for businesses not equally enforced. • Requested a full accounting of the Tree Mitigation Fund from its inception. Agenda Item 1B January 8, 2018 November 27,2017 MINUTES-REGULAR COMMISSION MEETING Page 6 of12 • Asked the City Manager and the City Clerk to get together and figure out a way to suppmi all Boards and Committees equally and in the same manner. He believes it is a resource issue; we need to figure out what we need to support these boards/committees and support them fully or decide we are not going to have them. He believes they should consider the cost involved in changing the ordinances or resolutions. Commissioner Waters • Requested citizen suppmi for the Christmas programs and the children's Christmas parties run by the Atlantic Beach Recreation Department. Commissioner Kelly • Commended City staff for working on the LDC rewrite, stmmwater survey, gas stations ordinance, medical marijuana ordinance, wireless 5G ordinance, and many other issues. Commissioner Norris • Offered her condolences to former Mayor Borno and his family. • Referred to the comments made by Mr. Hoffmann during Courtesy of the Floor about the land adjacent to Tideviews Park. She suggested the City look into the potential of extending the park. Mayor Glasser • Offered her condolences to former Mayor Borno and his family. • Reminded everyone about bringing a toy for the children's Christmas party. • Expressed appreciation to Commissioner Stinson for his thoughts and encouragement. • Reviewed topics discussed at recent Roundtable meetings as follows: Changes to the order of the agenda are on a trial basis now and should the Commission wish to incorporate these changes it will require a formal rule change. Commissioners as liaisons with the various boards and committees are as follows: Commissioner Stinson -Board Member Review Committee Parking/Pedestrian Safety Committee Commissioner Kelly -Code Enforcement Board Pension Boards Commissioner Waters -Community Development Board Commissioner Norris-Environmental Stewardship Committee Mayor Glasser-Cultural Arts and Recreation Advisory Committee Commission meetings will adjourn no later than 10:00 PM. Any unfinished business will be carried over to the next meeting. Invocations prior to the meeting will be given by inviting community leaders. This is on a trial basis. Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 7 of12 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. Mayor Glasser read the title into the record. A. Acknowledge receipt of the Monthly Financial Report and Legal Report for October 2017. Motion: Approve Consent Agenda Item 4A as written. Moved by Waters , Seconded by Kelly Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote 6. Action on Resolutions A. Resolution No. 17-28 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A NEW 2017 CAT 908M COMPACT WHEEL LOADER. Mayor Glasser read the title of the Resolution into the record. City Manager Gerrity stated this is a budgeted item and the cost is split between the Public Works and the Public Utilities Departments. This equipment will be used by both depmiments. Motion: Adopt Resolution No. 17-28 as read. Moved by Waters, Seconded by Stinson There was a brief discussion about quotes and City Manager Gerrity confirmed the specifications and price quote is from the Sheriff's Bid Pricing. Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote B. Resolution No. 17-29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, A WARDING RFP 17-02 FOR DISASTER DEBRIS REMOVAL SERVICES. Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 8 of 12 Mayor Glasser read the title of the Resolution into the record. City Manager Gerrity stated the contract for disaster debris removal expires on December 1, 2017. Seven proposals were received and staff reviewed and ranked them. The recommendation is to award to the two top ranked firms, Ceres Environmental Services of FL and DRC Emergency Services. Motion: Adopt Resolution No. 17-29. Moved by Stinson, Seconded by Waters Votes: Aye: 5 Nay: 0 MOTION CARRIED by unanimous vote C. Resolution No. 17-30 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA OPPOSING FLORIDA SENATE BILL 574 AND HOUSE BILL 521, AND URGING THE DUVAL COUNTY DELEGATION TO OPPOSE THESE BILLS, AND URGING GOVERNOR RICK SCOTT TO VETO THESE BILLS, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title of the Resolution into the record. City Manager Gerrity explained these two bills, if passed, will preempt local governments from having tree ordinances. This Resolution will state our opposition and will be delivered to the Duval County Delegation. There was a brief discussion commending City Manager Gerrity for his prompt action on this issue. Motion: Adopt Resolution No. 17-30. Moved by Norris, Seconded by Kelly Roll Call Votes: Aye: 5 Waters, Kelly, Norris, Stinson, Glasser Nay: 0 MOTION CARRIED 7. Action on Ordinances A. Ordinance No. 20-17-147, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AND PROVIDING AN EFFECTIVE DATE. Mayor Glasser read the title of the Ordinance into the record. Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES-REGULAR COMMISSION MEETING Page 9 of12 City Manager Gerrity explained this uses up all of last year's unspent budget and it passed on the first reading. Mayor Glasser opened the Public Hearing. There were no speakers and the Public Hearing was closed. Motion: Adopt Ordinance No. 20-17-147 on final reading. Moved by Norris, Seconded by Waters There were brief comments made commending the staff for their work on reconciling the budget. Roll Call Votes: Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 MOTION CARRIED Mayor Glasser called for a recess at 8:10P.M. and reconvened at 8:15P.M. B. Ordinance No. 65-17-39, Introduction and First Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA RELATING TO THE USE OF AND CONSTRUCTION WITHIN PUBLIC RIGHTS OF WAY; REPEALING CERTAIN PORTIONS OF EXISTING CHAPTER 19 OF THE CODE OF ORDINANCES, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", CITY OF ATLANTIC BEACH, FLORIDA; ADOPTING NEW PROVISIONS IN CHAPTER 19 OF SAID CODE; CLARIFYING RIGHT OF WAY PERMITTING; CREATING NEW REGULATIONS IN CHAPTER 19 TO BE ENTITLED "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY"; PROVIDING FINDINGS & INTENT; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION OF COMMUNICATION SERVICE PROVIDERS; PROVIDING FOR REVOCATION AND SUSPENSION; PROVIDING FOR TERMINATION; PROVIDING FOR APPEALS; PROVIDING FOR APPLICATION OF THESE RULES TO EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR PASS-THROUGH PROVIDER FEES AND FEES FOR USE OF CITY UTILITY POLES; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR THE INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Glasser read the title of the Ordinance into the record. Agenda Item 1B January 8, 2018 November 27,2017 MINUTES-REGULAR COMMISSION MEETING Page 10 of12 City Attorney Durden addressed the Commission and stated this past summer the State Legislature adopted law that preempts what local governments can require of a 5G Telecommunications Wireless Provider IF acility. She refened to the revised ordinance (which is attached and made part of this Official Record as Attachment A) and explained the following: In Section 1., Sec. 19-1 and 19-2 are deleted entirely and replaced with a new Sec. 19-1 and 19-2; There are no changes in Section 2., Sec. 19-3 through 19-7; In Section 3., Sec. 19-8 is deleted entirely; In Section 4., the creation of a New Article II of Chapter 19, Utility Placement Within City Rights-of-Way (ROW), Sec. 19-20 through Sec. 19-27; Sec. 19-28 and 29 are reserved; and in Section 5., the creation of a New Article III of Chapter 19, Communications Facilities In Public ROW, Sec. 19-30 through Sec. 19-49. City Attorney Durden summarized that this new law states cities and counties cannot discriminate between one type of utility and other kinds of communication service providers. She had several meetings with staff, reviewed several different ordinances from around the state, and had other City Attorneys review our draft ordinance. We all agreed on protecting our ROW as best we can without violating state law. This ordinance will do that while providing the City control over the aesthetics of how we want our City ROW to look. City Attorney Durden recommended not delaying passing this ordinance on the first reading because the moratorium expires on December 31, 20 17. She also recommended not delaying the second reading. City Attorney Durden explained this ordinance can be fine tuned as we go and that would be permissible. She acknowledged the difficulty of this ordinance with the subject matter being very technical, along with the terminology, etc. Questions and discussion ensued between the Commission and the City Attorney. Commissioner Waters inquired about the departments involved in this process. City Attorney Durden stated the decision process involves the Building Official, the Public Works Director, the Public Utilities Director, the Planning Department, the Community Development Director, and the City Manager. Mayor Glasser inquired about the consequences if the City did not take action by the moratorium expiration date, December 31, 2017. City Attorney Durden stated the City will have no protection, no design standards, no location provisions, no concealment provisions, and not able to enact an ordinance at a later date. Mayor Glasser inquired about the size, materials used, and locations of these installations. City Attorney Durden stated there are specific guidelines mandated in the statute about the poles used. The wireless equipment has been described as small as a pizza box and/or as large as a refrigerator. Regarding location, the City Attorney stated that 5G Wireless services needs a lot of facilities for effectiveness. Commissioner Waters inquired if the City designated an historical area later, could this ordinance can be amended to include language for historic designations. City Attorney Durden stated she will research that question and report the findings to the City Manager. Agenda Item 1B January 8, 2018 November 27, 2017 MINUTES -REGULAR COMMISSION MEETING Page 11 of 12 Commissioner Kelly spoke about anticipating changes down the road and inquired about changes in the ordinance if we go to 6G. City Attorney Durden stated the term 5G is never used, so this could apply to any future changes from the Federal or State Government. Commissioner Stinson suggested having this topic for discussion at the December 81h workshop. He had questions about language in Section 19-36 (e) (5) on page 26, and in Section 19-36.1(d) on page 32 regarding pole size. Also he referenced current code Sec. 19-8 (f) ( 6) and did not think that Sec. 19-8 should be deleted entirely in the new ordinance. City Attorney Durden stated she will review Commissioner Stinson's first two questions in Section 19- 36. There is a provision in the new ordinance about pole height and placement at prop lines, so there is no interference with driveways for residential and non-residential. City Attorney Durden stated that wireless support structures (i.e. for cell phone towers) are prohibited. This ordinance does not address facilities on private property; it could be considered in the future. Commissioner Norris inquired if there were any time restrictions on how soon the City could start tweeking this ordinance after it passes. City Attorney Durden stated as soon as January 2018 would be permissible and as long as the state law is not violated. Motion: Adopt Ordinance No. 65-17-39 on first reading as read with amendments as provided in documents dated November 26, 2017 including the list of definitions. Moved by Waters, Seconded by Norris Discussion ensued about having this as a topic for the December 81h workshop. Based on the outcome of public input there would be time before the next Commission meeting for amendments that could improve and strengthen this ordinance. Concerns were expressed regarding height limits and verification of existing pole heights. City Manager Gerrity and the Commissioners commended City Attorney Durden and staff for all their efforts and work in producing this ordinance. Mayor Glasser confirmed there will be a workshop on December 8, 2017 at 1:00 PM. Roll Call Votes: Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) A. Land Development Code Rewrite City Manager Gerrity reviewed there was a presentation from the North Florida Regional Council, given by Mr. Brian Teeple. Mr. Gerrity stated this is his first choice for the Land Development Code (LDC) Rewrite and he is asking for consensus to present a contract at the next Commission meeting. Agenda Item 1B January 8, 2018 November 27,2017 MINUTES-REGULAR COMMISSION MEETING Page 12 ofl2 Discussion ensued about the LDC Rewrite process, the importance of community involvement, maintaining transparency, and documentation throughout the process. City Manager Gerrity confi1med the funds are budgeted for $75,000 for this year, and $75,000 for next year. He will provide a Resolution to approve the contract at the next meeting. CONSENSUS: To move forward. 9. City Manager B. Accept the 90-Day Calendar (December 2017 through February 2018). Commissioner Norris stated the Town Hall meeting is on January 20, 2018 and a majority of the Commission will be out of town for the Florida League of Cities Institute. City Manager Gerrity stated this can be discussed at the December gth workshop about changing the date. CONSENSUS: To accept the 90-day calendar. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Durden • Extended her sympathies to former Mayor Barno and his family. • Stated there is scheduled training with the First Amendment Group on November 30, 2017 at 1:00PM, covering the Sunshine Laws, Public Records Laws, and Ethics. • Spoke about the Code of Ordinances, Chapter 2, where the provisions set out the order of the Commission meetings. She explained that is where it would have to be changed and would not require a Charter Amendment to approve changes. • Thanked everyone for getting through this difficult Ordinance for Telecommunications Wireless Provider/Facility. Commissioner Stinson • Reported a vacancy on the Board Member Review Committee. • Commended the Atlantic Beach Police Depmiment for suppmiing the Jacksonville Sheriff's Office tonight. Adjournment There being no fu1iher discussion, Mayor Glasser declared the meeting adjourned at 9:20PM. ATTEST: Donna L. Bartle, CMC City Clerk DLB/njp Ellen Glasser Mayor/Presiding Officer Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 Amendment List for Ordinance No. 65-17-39 11/26/2017 Pg. 3 -Add to definition of "construction": "The term does not include pedestrian, bicyclist or vehicular use of the Rights of Way." Pg. 5 -Add title to Section (j): "Application and other requirements." Pgs. 13-18-New defined tenns and changes to various definitions: Pg. 13-In Abandonment, conecttypo of"eight" to "eighty", and add "or Utility Pole" after Communications Facility in the first line; add "or Pole" after Facility in the third line. Pg. 14-In City Utility Pole, revise to read "means a Utility Pole owned by the City in the Public Right of Way." Pg. 15-In Law, add "or code". Pg. 16-Add following definition: "Private Utility Pole means a Utility Pole owned by a municipal electric authority, a Utility Pole used to support municipally-owned or operated electric distribution facilities, or a Utility Pole owned by a person other than the City within the Public Rights of Way." Pg. 17 -Add following definition: "Shroud means a covering or enclosure of pole-mounted equipment associated with a Small Wireless Facility." Pg. 18-Add following defmition: "Wrap means an aesthetic covering approved by the City depicting scenic imagery such as vegetation, which blends with the sunounding area. A wrap design may also be proposed by an applicant by requesting a waiver pursuant to Sections 19-36.2 or 19-37.5. Imagery in a wrap may not contain signage of any type. Pg. 19-delete §19-33(a)(4) and renumber subsections (5)-(9) as (4)-(8). Pgs. 21-22-§19-35: Add references to Utility Poles as shown on the attached to clarifY that the Section is applicable to Utility Poles, as well as Communication Facilities. Pgs. 24-25-§ 19-3 5(b)(1) and (2): Change "Building Official" to "City Manager or his designee". Pg. 26-§19-36(d), modifY first sentence to read: "A newly constructed Utility Pole permitted by the City to support the Collocation of Small Wireless Facilities may only contain Small Wireless Facilities, except as provided herein .... " Pg. 34-§ 19-3 6.1( d), strike "intended to support the Collocation of Small Wireless Facilities" from last sentence. Pg. 41 -§19-37.1(e)(6), strike "security fund" and insert "construction bond". Pg. 42-§19-37.4(b), revise to read: "All proposed Small Wireless Facilities shall meet any one of the three following stealth design standards or combination thereof:" . Pg. 53-§19-47(b)-insert Chapter "2" and delete "Article_". Pg. 54 -§ 19-48 -add "or Utility Pole" in heading and revise subsection (a) to read: "Upon Abandonment of any Facility or Utility Pole owned by a Communications Services Provider in the Public Rights of Way (hereinafter "Abandoned Communications Facility)", ... See attached s1Tikethroughlunderlined version dated 11/26/2017 for all referenced changes. 00905180-1 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 ORDINANCE NO. 65-17-39 11/26/2017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA RELATING TO THE USE OF AND CONSTRUCTION WITHIN PUBLIC RIGHTS OF WAY; REPEALING CERTAIN PORTIONS OF EXISTING CHAPTER 19 OF THE CODE OF ORDINANCES, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", CITY OF ATLANTIC BEACH, FLORIDA; ADOPTING NEW PROVISIONS IN CHAPTER 19 OF SAID CODE; CLARIFYING RIGHT OF WAY PERMITTING; CREATING NEW REGULATIONS IN CHAPTER 19 TO BE ENTITLED "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY"; PROVIDING FINDINGS & INTENT; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION OF COMMUNICATION SERVICE PROVIDERS; PROVIDING FOR REVOCATION AND SUSPENSION; PROVIDING FOR TERMINATION; PROVIDING FOR APPEALS; PROVIDING FOR APPLICATION OF THESE RULES TO EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR PASS-THROUGH PROVIDER FEES AND FEES FOR USE OF CITY UTILITY POLES; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR THE INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Ordinance promotes the public health, safety and general welfare by regulating the siting of utilities, communications facilities and utility poles within the public rights of way; and WHEREAS, this Ordinance accommodates the growing needs and demand for communications services; and WHEREAS, this Ordinance seeks to expressly address utility and new communications facilities technologies, while also protecting, preserving, and maintaining the aesthetic character of areas where such rights of way exist; and WHEREAS, Section 337.401, Florida Statutes, addresses inter alia, the authority of local governments to regulate the placement and maintenance of utilities and communications facilities in the public rights of way; and ··· ,., WHEREAS, mles and regulations imposed by a, ,local government relating to communications service providers that desixe to place or maintain communications facilities in its rights of way must be generally nondiscriminatory and competitively neutral; and 00904259-3 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local govemment may not use its authority over the placement of facilities in its rights of way as a basis for asse1ting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Senrice Commission or Federal Communications Commission, including, but not limited to, the operations, systems, qualifications, services, service quality, service territory, and prices of a provider of communications services; and WHEREAS, Section 337.401(7), Florida Statutes, addresses inter alia, the authority of local governments to adopt by ordinance objective design standards requiring a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements, objective design standards requiring a new utility pole intended to support the collocation of small wireless facilities that replaces an existing facility to be of substantially similar design, material, and color, and reasonable spacing requirements concerning the location of ground-mounted equipment; and WHEREAS, Section 337.401(7)(d)(12), Florida Statutes, provides that a local government may adopt by ordinance provisions for placement of communications facilities in the rights of way for insurance coverage, indemnification, perfmmance bonds, security funds, force majeure, abandonment, municipal liability, and municipal warranties provided such provisions are reasonable and nondiscriminatory; and WHEREAS, it is the City's intent to exercise its authority over communications services providers, 1vireless infrastructure providers and pass-through providers' placement and maintenance of communications facilities in the City's rights of way; and WHEREAS, it is the City's further intent to treat each such communications services provider in a reasonable, nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the City's rights of way are essential for the travel of persons and the transpmt of goods throughout the City and are a unique and physically limited resource requiring proper management by the City in order to ensure public safety, maximize efficiency, minimize costs to City taxpayers for the foregoing uses, reasonably balance the potential inconvenience to and negative effects upon the public from the placement and maintenance of communications facilities in the rights of way against the substantial benefits that accrue from such placement and maintenance, and promote the public health, safety and general welfare; and WHEREAS, it is the City's intent to implement the Advanced Wireless Infrastructure Deployment Act as provided in Section 337.401(7), Florida Statutes; and WHEREAS, it is the further intent of the City to exercise its authoi·ity to adopt reasonable and nondiscriminatory rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, the City has reviewed its Ordinances, and has received input from citizens and ·· other interested stakeholders, and as a result of the foregoing has concluded that the City Code should be updated, in confmmance with Federal and State laws and rules, in order to adequately regulate the 00904259-3 2 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (1) Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. (2) Decorative walls. (3) Retaining walls. ( 4) Buildings or structures of any kind. (5) Barriers or obstructions of any kind. (6) Basketball goals. (7) Skateboard ramps. (8) Recreational structures of any kind, whether temporary or permanent. (9) Fences. (10) Swimming pools. (11) Parking spaces or lots. (12) Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. (13) Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. (14) Any improvement, object or item designed and intended for personal or private use and not for public use. (15) Security lights and street lights. (16) Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the Right of Way. (17) Driveways, new, modified or replaced (see Section 19-7). Section 19-2. Permits and revocable licenses required. (a) Any person or entity desiring to undertake construction within and/or use of a Right of Way shall obtain, prior to commencement of any work, a petmit for such activity issued by the City Manager or his designee on terms and conditions as described herein, or in accordance with Subsection (f) herein, the issuance of a revocable license. (b) Any such person or entity shall complete and file an application for such approval in the fmm prescribed by the City. (c) Fees for permits and revocable licenses shall be detetmined by resolution of the City Commission. (d) No use of or construction in a Right of Way shall be permitted or licensed if that use or construction creates an obstruction barrier or safety hazard as defmed by generally accepted engineering practices. (e) All requests for use of or construction within a Right of Way shall be evaluated based on the benefit of said use or construction to the general public and the degree to which the benefit to and convenience gained by a private prope1iy owner conflicts with or outweighs the benefit to the general public for the use of the affected Right of Way. 00904259-3 4 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 pertaining to work proposed to be done, it shall issue the permit/license applied for upon payment of the required fee. (2) The order, sequence and prerequisites for making applications shall be as designated by the City. (3) The applicant shall determine all potential utility conflicts during the design stage and shall show same on the plan and profile drawings submitted with the application. The plan and profile drawings shall be in accordance with utility plan guidelines or as specified by the City. (4) Ifit is determined that such work or activity within any Right of Way will not unreasonably interfere with the rights of the public or City, the City may issue a permit/license for such construction work or activity, upon such reasonable conditions as the City deems necessary for the protection of the rights of the public and the City. (5) Under all conditions prescribed in this section, the construction shall not proceed unless the statewide one-call toll-free telephone notification system or such other method established under the Underground Facility Damage Prevention and Safety Act, as now or hereafter amended, is notified not less than forty-eight (48) hours nor more than five (5) days in advance ofbeginning construction. Advance notification is waived when it is documented to the City that the excavation work is of an emergency nature involving the public health, safety or welfare. ( 6) All applicants shall give the full name, address, electronic mail address and telephone number of the person or organization making such application and all contractors expected to participate in the construction of the work; shall designate the place, extent, nature and purpose of such work or activity; and, if any paving, curbing, sidewalk, drainage feature, sewer or water main will be disturbed by such work, the City Manager or designee may require that the application be accompanied by a deposit of money in such amount as shall in the opinion of the City Manager of designee be sufficient to pay for the expense of repairing or restoring the same. Pavement replacement shall be in accordance with the conditions set forth in the permit and other standards of the City. Failure or neglect on the part of the applicant to ca1Ty out all work in compliance with the conditions set forth in the permit/license and other standards of the city shall be reason for revocation of the permit/license. (7) All applicants shall restore the Rights of Way to its previous condition. (8) All applicants shall verity the location and elevation of all underground facilities and shall ptotect said facilities from damage; in the event that any facilities are damaged, the applicant or applicants shall, at,their sole expense, 00904259-3 6 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 (3) Furnish a certificate of insurance. 11/26/2017 (4) Keep the original copy of the permit or revocable license and an approved copy of the plan in the possession of the party actually doing the work and, when requested, exhibit such copy to the Building Official, duly authorized inspectors or, in the instances of county and state roads, to the respective inspectors representing these authorities. (5) Agree to perform the work in accord with the permit and/or revocable license conditions and the regulations established under this Alticle. (1) Bond. A performance bond, or other financial security, in form, content and execution approved by the City, may be required to protect the City in the event the specified work is not completed or does not conform to the City's requirements, or when damages to the Right of Way have occurred. (m) Permit/license revocation. The City may revoke permits and licenses issued upon finding that: 00904259-3 (1) The permit/license was issued by mistake of law or fact; (2) The permit/license is for work which violates the provisions of this Alticle; (3) The permit/license was issued upon a false statement or misrepresentation by the applicant; (4) The permit/license violates any ordinance of the City or any state or federal law, tule or regulation; (5) The work is not being performed in accordance with the provisions of this Article; (6) The certificate of competency or license of the pennittee has become invalid by reason of expiration, suspension, revocation or otherwise; (7) The work is not being performed under the supervision of the holder of the cmtificate or license upon which the same was issued; (8) The work is not being done in accordance with the tenns of the pennit/license, the plans or the application upon which the same was issued; (9) Payment of the fees was not effected due to insufficient funds or any other reason; 8 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (b) To require the permittee to repair any damage or injury to the road or highway created during the installation of a utility facility and to repair said road or highway promptly, restoring it to a condition at least equal to that immediately prior to the infliction of such damage or injmy; (c) Whereby the permittee shall hold the City Commission of Atlantic Beach, Florida, members and officers, agents, and employees thereof harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in any such permit; and_ (d) As may be reasonably necessary for the protection of the City and the public. Sec. 19-23. When bond may be required. The City Manager or designee may require the permittee to furnish performance bonds, maintenance bonds, and/or a security fund to ensure compliance with the provisions of this Article. Sec. 19-24. Fees authorized. The City Commission may adopt by resolution a fee schedule relating to the issuance of permits hereUllder. Sec. 19-25. Moving or removal of utility lines. In the event of widening,_ repair_,_ or reconstruction of any road, the permittee shall move or remove any water, gas, sewage, power, video service, and other utility lines, at no cost to the City should they be found by the City to be interfering with said work, except as provided in Section 337.403, Florida Statutes, as amended. Sec. 19-26. Authority to implement Article. The City Manager or designee is authorized to adopt, modify, and repealmles and regulations to cmTy out the intent and purposes ofthis Article to the extent allowed by law. Sec.19-27. Noncompliance unlawful. It shall be unlawful for any person to construct, maintain, repair, operate_,_ or remove lines for the transmission of water, sewage, gas, power, television and other public utilities Ullder, on, over, across, or within the Rights of Way of the City without fully complying with this Article or the permits, rules and regulations promulgated hereUllder. Sections 19-28 and 29 are hereby reserved. SECTION 5. Creation of Article III, Chapter 19, Code of Ordinances. New Article Ill of Chapter 19 of the City's Code of Ordinances is hereby created to read as follows: ., 00904259-3 10 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 ARTICLE III. COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY Section 19-30. Short Title. This Article ill shall be known, and may be cited, as the "Atlantic Beach Communications Facilities in Public Rights of Way Ordinance." Section 19-31. Findings, Intent and Scope. (a) The City hereby makes and declares the following findings and declares its legislative intent as follows: (1) The Public Rights of Way within the City of Atlantic Beach are a unique and physically limited resource and important amenity that are critical to the travel and u·ansport of persons and property in the City. (2) The demand for telecommunications services has grown exponentially in recent years, requiring the continual upgrading of telecommunications equipment and services to satisfY such demand. (3) The placement of telecommunications equipment and facilities in the public rights of way to satisfY the demand for telecommunications services raises impmiant issues with respect to the City's responsibility to manage its public rights of way. (4) The Public Rights of Way must be managed and controlled in a manner that enhances the health, safety and general welfare of the City and its citizens. (5) The use and occupancy of the Public Rights of Way by providers of communications services must be subject to regulation which can ensure minimal inconvenience to the public, coordinate users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of an optimal number of providers of cable, telecommunications, and other services in the public interest. (6) Section 166.041, Florida Statutes, provides for procedures for adoption of an ordinance which is a regulation of general and permanent nature and enforceable as local law. (7) Section 337.401, Florida Statutes, addresses the authority of municipalities to regulate the placement and maintenance of communication facilities, and other utilities, in the public rights of way. (8) In 2017, Florida passed Chapter 2017-136, Laws of Florida, which inter alia, amends § 339.401, Florida Statutes, to create the new Subsection (7)'known as the Advanced Wireless Infrastructure Deployment Act ("Wireless Deployment 00904259-3 11 I I ' I Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Act"), effective July 1, 2017, to address municipalities' regulation of access to the public rights of way for wireless communications facilities and wireless support structures. (9) The Wireless Deployment Act provides that municipalities may require a regisu·ation process in accordance with § 337.401(3), Florida Statutes, may adopt by ordinance provisions performance for insurance coverage, bonds, security funds, indemnification, force majeure, abandonment, municipality liability or municipal warranties and ftuther provides that, for any applications filed before the effective date of ordinances implementing this subsection, an authority may apply current ordinances relating to the placement of communications facilities in the right of way related to registration, permitting, insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, municipality liability or municipal warranties. (1 0) The communication industry is in a constant state of emerging technology that includes the infrastructure required to support the increased demand and capacity to receive and to transmit increased data and voice communications. (11) A new network of wireless communications infrastructure has emerged comprised of a series of small individual antenna ("Small Cells"), or nodes ("Disu·ibuted Antenna Systems" or "DAS"), and wireless backhaul networks that are linked to a larger hub site. (12) The City has received requests to place wireless communications facilities and wireless support structures within the Public Rights of Way. (13) The current City Code does not contain requirements for registration, insurance, permitting, insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, municipality liability or municipal warranties that address sufficiently the placement or maintenance within the Public Rights of Way for wire line and wireless communications facilities or wireless support structures. (14) The City finds that, to promote the public health, safety and general welfare, it is necessary to (i) provide for the placement or maintenance of Communications Facilities in the Public Rights of Way within the City limits, (ii) adopt and administer reasonable rules, regulations and general conditions not inconsistent with applicable state and federal law, (iii) manage the placement and maintenance of Communications Facilities in the Public Rights of Way by all Communications Services Providers, (iv) minimize disruption to the Public Rights of Way, and (v) require the restoration of the Public Rights of Way to original condition. (15.) It is the intent of the City to require that the placement or maintenance of any wireline or wireless communications facility in the Public Rights of Way must 00904259-3 12 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 have an effective registration which satisfies the requirements set forth herein for such registration, to the extent not inconsistent with applicable federal and state laws and regulations. (16) It is also the City's intent to exercise the City's retained authority to regulate and manage the City's roads and rights of way in exercising its police power over Communications Services Providers' placement and maintenance of facilities in the Public Rights of Way in a nondiscriminatory and competitively neutral manner. (b) This Article shall apply to any person or public or private entity who seeks to constmct, place, install, maintain or operate a Communications System or Facilities, as such terms are defined herein, in the Public Rights of Way, unless otherwise exempt by operation ofapplicable state or federal laws or regulations. This Article shall equally apply to a City owned or controlled Communications System except to the extent such Facilities are utilized on an internal, non- commercial basis by the City or any of its agencies, departments or bureaus. Sec. 19-32. Defmitions. (a) For purposes of this Article ill, the following tetms, phrases, words and their derivations shall have the meanings ascribed herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plmal include the singular, and words in the singular include the plural. The words "shall," "will" and "must" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S. C. §§ 151 et seq., as amended (collectively the "Communications Act"), and, if not defined therein, as defined by Chapter 202, Florida Statutes, or Chapter 337, Florida Statutes, and, if not defmed therein, be construed to mean the common and ordinary meaning. Abandonment means the cessation of all uses of a Communications Facility or Utility Pole for a period of one hundred eighty (180) or more consecutive days, provided that this term shall not include cessation of all use of a Facility or Pole within a physical structure where the physical structure continues to be used for some purpose or use accessory to the Communications FacilitY. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used for some purpose of use accessory to the Communications Facility, shall not be "Abandonment" of a Facility in the Public Rights of Way. Adjacent property or property adjacent means (i) lot or parcel that abuts or is contiguous to a Communications Facility site or proposed site; and (ii) lots or parcels that would be contiguous to a Communications Facility site or proposed site but for an intervening Public Rights of Way. Affiliate means each person, directly or indirectly, controlling, controlled by, or under common control with a Communications Services Provider that is registered with the City; provided that Affiliate shall in no event mean any limited partner, member, or shareholder holding an interest '' of less than 15 percent in such Communications Services Provider. '· 00904259-3 13 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Antenna means communications equipment that transmits or receives electromagnetic radio fi·equency signals used in providing Wireless Services or other Communications Services. Article means the Atlantic Beach Communications Facilities in Public Rights of Way Ordinance, codified as Article ill of Chapter 19.ofthe City Code pursuant to that Ordinance enacted by City Commission effective on December 11, 2017, as may be amended or supplemented from time to time. At-grade Facility means a Communications Facility, the structure of which is affixed to the ground at-grade with a portion of the structure extending vertically above grade. At-grade Facilities may also, but need not necessarily, extend vertically below grade. Poles and ground mounted equipment installed as part of a Small Wireless Facility shall not be considered At-grade Facilities. Below-grade Facility means a Communications Facility, including manholes or access points, that are entirely contained below-grade within the Public Rights of Way. A Below-grade Facility is a type of Wireline Facility. City means the City of Atlantic Beach, Florida, a municipal corporation organized and existing under the laws ofthe State of Florida. City Code or Code of Ordinances means the Code of Ordinances of the City of Atlantic Beach, Florida. City Commission means the governing body for the City. City Utility Pole means a Utility Pole owned by the City in the Public Right of Way.,.---13m excludes City Utility Poles that are used to support the City's ovmed or operated electric distribution facilities. Collocate or Collocation means to install, mount, maintain, modifY, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless suppmt structure or Utility Pole. The tetm does not include the installation of a new Utility Pole or Wireless Support Structure in the public Rights of Way, nor does it include interconnection of Communications Facilities or the sale or purchase of capacity (whether bundled or unbundled). Communications Facility, Facilities or Systems means any facility, equipment or property, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, handholds, manholes, vaults, equipment, drains, surface location markers, apprutenances, wireless facilities, wireless support structure, wireline backhaul facilities, located, to be located, used, or intended to be used, in the Public Rights of Way of the City to deliver, route, transmit, amplifY or distribute Communications Services. This term includes Wireless Facilities and Wireline Facilities. Communications Services shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other infmmation or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical; microwave, or ·othet medium 00904259-3 14 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Person means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any Affiliate; successor, assignee, transferee or personal representative thereof, and all other groups or combinations, and shall include the City to the extent that the City acts as a Provider. Placement or maintenance or placing or maintaining or other similar formulation of that term means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A 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. To the extent required by applicable law, a party 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 is not placing or maintaining Facilities in the Public Rights of Way. Pole Attachment means any attachment of a Communications Facility by a Provider to an Existing Structure within a Public Rights of Way. This term includes aerial wire line attachments that serve as Wireline Facilities. Private Utility Pole means a Utility Pole owned by a municipal electric authority, a Utility Pole used to support municipally-owned or operated electric distribution facilities, or a Utility Pole owned by a person other than the City within the Public Rights of Way. Provider means a Communications Service Provider, Wireless Infrastmcture Provider or Pass-through Provider. Public Service Commission or PSC means the agency for the State of Florida charged with the powers and duties conferred upon it by Chapter 364, Florida Statutes. Registrant or Facility Owner means a Provider or other person which seeks to use or occupy the Public Rights of Way that has registered with the City in accordance with the provisions of this Atiicle. Registration or Register or other similar formulation of that term means the process described in § 19-33 herein whereby a Communications Services Provider provides certain information to the City. Repurposed Structure means an Existing Stmcture that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of Communications Facilities that is approximately in the same location as the Existing Stmcture and in such a manner that does not result in a net increase in the number of Utility Poles located within the Public Rights of Way and does not interfere with pedestrian or vehicular access, and is compliant with applicable codes. The Repurposed Stmcture remains the propeliy of the owner of the Existing Stmcture prior to the repurposing, unless ownership otherwise lawfully changes. ,, 00904259-3 16 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Wireless Infrastructure Provider means a Person who has been certified to provide Communications Services in the State and who builds or installs wireless communication transmission equipment, Wireless Facilities, or Wireless Support Structures but is not 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. A Wireless Services Provider is a type of Communications Services Provider. Wireless Support Structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting Wireless Facilities. The term does not include a Utility Pole. Wireline Facility means an aerial facility used to provide Communications Services or a Below-grade Facility. The te1m includes wireline backhaul facilities associated with a Wireless Facility and coaxial or fiber-optic cable that is between wireless structures or Utility Poles or that is otherwise not inlmediately adjacent to or directly associated with a particulaT Antenna of a Wireless Facility. Wrap means an aesthetic covering approved by the City depicting scenic imagery such as vegetation, which blends with the sunounding area. A wrap design may also be proposed by an applicant by requesting a waiver pursuant to Sections 19-36.2 and 19-37.5. Imagery in a wrap may not contain signage of any type. Section 19-33. Registration. Every Communications Services Provider that desires to place or maintain a Communications System or any CommUnications Facilities in the Public Rights of Way, including any Pass Through Facilities,' shall first Register with the City in accordance with this Section 19-33. Subject to the provisions prescribed in this Article, a Communications Services Provider that has properly Registered may apply for Development Permits to place or maintain a Communications System or Facilities in the Public Rights of Way. (a) Every Communications Services Provider that desires to place or maintain Communications Facilities in the Public Rights of Way, including any Pass Through Facilities, shall Register with the City Manager or his designee and shall submit the following infmmation and documentation: (1) (2) 00904259-3 the name of the applicant under which it will transact business in the City and, if different, in the State of Florida; and the address and telephone number of the applicant's principal place of business in the State of Florida and any branch office located in the City and the name, 18 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Communications Facilities in the 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 part of a Communications System. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on those facilities or property belonging to the City or another Person. Registration does not excuse a Communications Services Provider from complying with all other applicable City ordinances, codes or regulations, including the rules, regulations and general conditions set forth in this Article. (d) A Communications Services Provider may cancel a Registration upon written notice to the City stating that it will no longer place or maintain a Communications System or any Communications Facilities in the Public Rights of Way and will no longer have a need to apply for Development Permits to perform construction or other work in the Public Rights of Way. A Communications Services Provider cannot cancel a Registration if it intends to continue placing or maintaining a Communications System or any Communications Facilities in the Public Rights of Way. (e) Registration, in and of itself, does not establish a right to place or maintain or a priority for the placement or maintenance of a Communications System or any Facility in the Public Rights of Way, but shall establish for the Communications Services Provider a right to apply for an Development Permit from 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. Registration does not excuse or exempt a Communications Services Provider fi:om having to obtain on Business Tax License from the City in accordance with the City Code. (f) A Communications Services Provider shall renew its Registration with the City by April 1 of even numbered years in accordance with the Registt·ation requirements in this Article, except that any Communications Services Provider that initially Registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew its Registration until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (a), a Communications Services Provider shall provide updated information to the City. If no infmmation 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 Development Pmmits until the Communications Services Provider has complied with the Registt·ation requirements of this Article. (g) In accordance with applicable City ordinances, codes or regulations, a Development Permit is required for a Communications Services Provider to place or maintain a Communications Facility in the Public Rights of Way. An effective Registration shall be a condition of obtaining such a Pe1mit. Notwithstanding an effective Registration, all pmmitting requirements shall apply, including the requirement to pay for any such pe1mits unless otherwise provided by resolution or ordinance of the City. A pe1mit may be obtained by or on behalf of the Communications Services Provider having an effective Registration if all pe1mitting requirements of the City and other provisions of this Article are meL 00904l59-3 20 Agenda Item 1B January 8, 2018 '· 00904259-3 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (3) Permits. A Communications Services Provider shall not commence to place or maintain a Communications Facility or Utility Pole in Public Rights of Way until all applicable permits have been issued by the City and other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or general welfare, which includes an unplanned out-of-service condition of a pre-existing service. The Communications Services Provider shall provide prompt notice to the City of the placement or maintenance of a Communications Facility or Utility Pole in the Public Rights of Way in the event of an emergency and shall, after the fact, be required to submit plans and Record Drawings and As-Built Surveys, if required by the City Manager or his designee, showing the placement or relocation of a Communications Facility or Utility Pole undertaken in connection with the emergency. ( 4) Application for Development Permit. Prior to the issuance of a Development Permit to allow the placement or maintenance of a Communications System or Facility or Utility Pole in the Public Rights of Way, an applicant shall submit an application for a Development Permit. In addition to any information required pursuant to Section 19-2G) of Article I of this Chapter 19, the Communications Services Provider shall provide all of the following: a. Engineering plan. An engineering plan that includes: 1. The type of proposed Facility, location of the proposed Facility or Utility Pole, and the dimensions, height, footprint, stealth design, and concealment features of the proposed Facility or Utility Pole; 2. The distances between the proposed Facility or Utility Pole and pavement, sidewalks, driveways, ramps, trees, underground Utilities and other above-grade and below-grade structures and Utilities located within 500 feet from the proposed Facility or Pole and within the Public Rights of Way; 3. Sufficient specificity demonstrating compliance with the Florida Building Code, the Florida Depmtment of Transportation's Manual of Minimum Standards, the Utility Accommodation Guide, the Trench Safety Act (Chapter 553, Florida Statutes), the Underground Facility Damage Prevention & Safety Act (Chapter 556, Florida Statutes), the "Safety Rules for the Installation & Maintenance of Electrical Supply & Communication Lines" established by the U.S. Department of Commerce, Bureau of Standards and the National Electric Safety Code, as mnended and as applicable; 4. For Utility Poles, the Global Positioning System (GPS) coordinates of the proposed Utility Pole. The GPS coordinates shall be based on the reading from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based on Google Emth or similm· application may be used where areas of shading occur due to 22 Agenda Item 1B January 8, 2018 b. c. d. e. 00904259-3 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 overhead canopy. GPS coordinates shall be provided in decimal degrees at a six ( 6) decimal point precision; 5. Attestation that the proposed Facility or Utility Pole is located within the Public Rights of Way, except that if the City Manager or his designee reasonably disagrees the applicant must submit a survey; and 6. Trees or landscaping to be removed or impacted upon the placement or maintenance of the proposed Facility or Utility Pole. If the placement or maintenance of a Facility or Utility Pole that impacts or removes a Regulated Tree in accordance with Chapter 23 of the City Code, the applicant shall provide additional information and documentation in accordance with Chapter 23 of the City Code and comply with said Chapter 23. Description of installation or Construction. The applicant shall provide a description of the manner in which the Facility or Utility Pole will be installed and/or modified (i.e. anticipated Construction methods or techniques). Temporary sidewalk closure plan. The applicant shall provide a temporary sidewalk closure plan, if applicable, to accommodate placement or maintenance of the Facility or Utility Pole. Temporary maintenance of traffic (MOT) plan. The applicant shall provide a temporary traffic lane closure and maintenance of traffic (MOT) plan, if applicable, to accommodate placement or maintenance of the Facility or Utility Pole. Restoration plan and estimated cost of restoration of the Public Rights of Way. A restoration plan and a good faith estimate of the cost of restoration of the Public Rights of Way to the condition prior to commencing work in the Public Rights of Way. Such good faith estimate shall be accepted by the City unless the City determines such estimated costs are not representative of the actual costs of the restoration of the Public Rights of Way. Estimates of the cost to restore the Public Rights of Way shall include all costs necessary to restore the Public Rights of Way to its original condition. Such good faith estimate may include, but shall not be limited to, costs to restore the paving, curbs/gutters, sidewalks, multi- purpose trails, and landscaping. All planted or naturally occurring shrubbery or vegetation, including sod, damaged or destroyed during work in the Public Rights of Way shall be replaced. Tree removal shown on the permit shall not be considered damage or impairment to be restored to the original condition provided the person complies with the approved mitigation plan, if any. 23 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 f. Timetable for Construction or installation. The timetable for construction, placement or maintenance of the proposed Facility or Utility Pole or each phase thereof. g. Indemnification. A statement shall be included within the permit application that by execution of the application, the applicant shall be bound to the City with respect to the indemnification provisions set forth in Section 19-44. h. Airport airspace protection. Applicant shall comply with Chapter 333, F.S., and all State and federal laws and regulations pertaining to airport airspace protections. i. Attestation. For Utility Poles that are intended to support the Collocation of Small Wireless Facilities, the applicant shall provide an attestation by an officer of the Registrant that a Small Wireless Communications Facility will be Collocated on the Utility Pole and will be used by a Wireless Services Provider to provide service within nine (9) months after the date the application is approved. J. Information regarding height limitations. For Utility Poles intended to support the Collocation of Small Wireless Facilities, the applicant shall provide information regarding the heights of other Utility Poles located in the same Public Rights of Way, measured from grade in place within five hundred (500) feet of the proposed location of the Utility Pole. If there is no Utility Pole within five hundred (500) feet of the proposed location of the Utility Pole intended to support the Collocation of Small Wireless Facilities, the applicant shall certify such. k. Additional information as reasonably required for review of permit application. Such additional information as the City Manager or his designee fmds reasonably necessary to demonstrate the applicant's compliance with applicable codes, local laws and regulations, and State and federal laws with respect to the placement or maintenance of the proposed Facility or Utility Pole that is the subject of the permit application. (b) Application review time frames. An application for a permit for an At-grade Facility, Below-grade Facility, Wireline Facility or Utility Pole not intended to suppmi the Collocation of Small Wireless Facilities in the Public Rights of Way shall be reviewed by the City as follows: 00904259-3 (1) Notice of application deficiency. Within thirty (30) days after the date of filing an application, the Building Official City Manager or his designee shall detennine whether the application is complete. If an application is deemed '" incomplete, the Building Official City Manager of his designee shall notify the applicant by electronic mail and specifically identify the missing information. 24 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 limitation, potential traffic and pedestrian interference, interference with the efficient movement of people and property, interference with sight lines or clear zones for transportation, pedestrians or public safety purposes; and (4) Applicable Codes. Applicable codes and State and federal laws and regulations, including the general permit conditions in Section 19-35 and the Objective Design Standards in Section 19-36.1. (b) A permit for a proposed At-grade Facility, Below-grade Facility, Wireline Facility, or Utility Pole shall remain effective for and construction must be completed within sixty ( 60) days. The City Manager or his designee may extend the expiration date of the permit for good cause. (c) A permit for a proposed Repurposed Structure or Utility Pole intended to support the Collocation of Small Wireless Facilities shall remain effective for and construction must be completed within one (1) year. The City Manager or his designee may extend the expiration date of the permit for good cause. (d) A newly constmcted Utility Pole intended permitted by the City to support the Collocation of Small Wireless Facilities may only contain Small Wireless Facilities, except as provided herein. Unless otherwise exempted by State or federal law or this Article, antennas, wires, or other facilities may not be mounted on the Utility Pole intended to support the Collocation of Small Wireless Facilities without a permit or authorization from the City. 00904259-3 (e) The following additional general permit conditions shall apply: (1) (2) (3) Revised Plans. If the plans or drawings submitted showing the proposed location for installation of the Facility in the Public Rights of Way require revision for any reason prior to commencing constmction, the Communications Services Provider shall promptly submit revised plans and drawings to the City Manager or his designee. Limited Purpose of Development Permit. A Development Permit issued by the City constitutes authorization to undertake only certain activities in Public Rights of Way in accordance with this Article, and does not create any property right or other vested interest, or grant authority to impinge upon the rights of others who may have an interest in the Public Rights of Way. Development Permits shall be granted only for specific routes or locations in the Public Rights of Way and for such tmm as described in the Permit. The City's issuance of a Development Permit shall not be constmed as a warranty that the placement of any Communications Facility is in compliance with applicable codes, regulations or laws. Responsibility for Contractors. Every Communications Services Provider that is Registered with the City shall be liable for the actions of contractor(s) hired by them .to perfmm the placement or maintenance of Facilities . .in the Public Rights of Way and shall be responsible for maldng sure that such contractor 26 Agenda Item 1B January 8, 2018 00904Z59-3 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Transpmiation. The Communications Services Provider shall at all times employ reasonable care and use commonly accepted methods and devices for preventing failmes and accidents which are likely to cause damage or injmy or be a nuisance to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. All placement and maintenance shall be done in such a manner as to minimize to the greatest extent any interference with the usual travel on such Public Rights of Way. The use of trenchless technology (i.e., microtunneling and horizontal directional drilling techniques) for the installation of Communications Facilities in the Public Rights of Way as well as joint trenching or the co-location of facilities in existing conduit is strongly encomaged, and should be employed wherever and whenever feasible. (9) Correction of Harmfitl Conditions. If, at any time, the City or other authority of competent jmisdiction reasonably determines that any Communications Facility is, or has caused a condition that is, harmful to the health, safety or general welfare of any Person, then the Communications Services Provider shall, at its own expense, promptly correct or eliminate all such Facilities and conditions. In an emergency, as detennined by the City Manager or his designee, when the Communications Services Provider is not immediately available or is unable to provide the necessary immediate repairs to any Communications Facility that is damaged or malfunctioning, or has caused a sunken area or other condition and, in the City Manager or his designee's sole discretion, is deemed a threat to public safety, then the City, when apprised of such an emergency, shall have the right to remove, make repairs to or eliminate same with the total cost being charged to and paid for by the Communications Services Provider upon demand. (1 0) Remedy of Hazardous Conditions. If, at any time, a condition exists that the City or other authority of competent jmisdiction reasonably determines is an emergency that is potentially hazardous or life threatening to any person or is a threat to the health or safety of the general public, and to remedy such condition the City or other authority of competent jmisdiction reasonably determines that a Communications Services Provider must temporarily relocate or temporarily shut off service or transmissions through a specific Facility, then the City, as an appropriate exercise of its police powers, may order the Communications Services Provider to immediately perfonn such temporary relocation or shut off until the condition has been remedied, and to do so at its own expense and without liability to or recomse against the City. In such an emergency, when the Communications Services Provider is not immediately available or is unable to provide the necessary immediate relocation or shut off of the specific Communications Facility, then the City shall have the right to perform, or cause to be perfmmed, such tempormy relocation or shut off until the condition has been remedied with the total cost being chmged to and paid for by the Communications,Services Provider upon demand. 28 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (11) Interference with Other Facilities. A Communications Services Provider shall not, in violation of any applicable laws or regulatory standards, design, place or maintain its Communications Facilities in a manner that will interfere with the signals or facilities of any municipal or county police, fire or rescue department, the facilities of any public utility, or the Communications Facilities of another Communications Service Provider, including any cable service provider. (12) Relocation or Removal of Facilities. Except in cases of emergency, a Communications Services Provider, at its own expense, shall: a. Upon thirty (30) days written notice, relocate or remove, as specified in said notice, its Communications Facility in the event the City finds that the particulm Facility is unreasonably interfering in some way with the convenient, safe or continuous use, or the maintenance, improvement, extension or expansion of any Public Rights of Way. The City shall provide the Communications Services Provider with a notice and order as provided for in § 337.404, Florida Statutes, or any subsequently enacted law of the State of Florida, in the event it chaTges the Communications Services Provider for the cost and expense of relocating or removing such Facility pursuant to this paragraph. b. Within a reasonable period of time from the date of written notice from the City, but not more than one hundred twenty (120) days thereafter, relocate or remove, as specified in said notice, its Communications Facility in the event the City Manager or his designee determines it necessary for the construction, completion, repair, relocation or maintenance of a City project, because the particular Communications Facility is interfering with or adversely affecting the proper operation of street light poles, traffic signals, or any communications system belonging to the City or an agency thereof or because the pmticulm Communications Facility is interfering with the signals or facilities of the Atlantic Beach Police Depmtment, the Jacksonville Sheriff's Office, City of Jacksonville Fire and Rescue Department, the JEA or the City's municipal public utility or any other City or County public entity. In the event the City issues any such written notice to the Communications Services Provider pursuant to this paragraph, and the Communications Services Provider fails to cause the aforementioned relocation or removal as required herein, the City shall be entitled to relocate or remove such Facilities without further notice to the Communications Services Provider and the total cost and expense shall be chmged to the Communications Services Provider. (13) Temporary Raising or Lowering ofFacilities. A Communications Services Provider, upon request of any Person holding a validly issued building or moving permit fi·om the City to tempormily encroach on or perform moving operations in or across the Public Rights of Way, shall temporarily raise or 00904259-3 29 Agenda Item 1B January 8, 2018 00904259-3 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 lower its Communications Facilities to accommodate such temporary encroachment or move. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Communications Services Provider shall have the authority to require such payment in advance. The Communications Services Provider shall be given not less than twenty (20) days advance written notice from such Person to arrange for the temporary relocation, which notice must detail the time and location of the permitted activity, and not less than twenty four (24) hours advance notice from the pe1mit holder advising of the actual operation. The City is not subject to, nor shall it be liable for, any such expense or notice requirement for the moving ofhouses or structures performed by the City or its contractors. (14) Coordination. In an effort to minimize the adverse impact on the Public Rights of Way and other municipal improvements, a Communications Services Provider may be required by the City Manager or his designee to coordinate the placement or maintenance of its Facilities with any work, construction, installation in or repairs of the subject Public Rights of Way or other Facilities therein that is occurring or is scheduled to occur within a reasonable time from application for a Development Permit as dete1mined by the City Manager or his designee. Every Communications Services Provider shall make space in its trench and/or conduit within the Public Rights of Way available to other providers consistent with the federal requirements of 47 U.S. C. § 224. Every Communications Services Provider shall utilize existing conduits, pathways and other Facilities whenever possible, and shall not place or maintain any new, different, or additional poles, conduits, pathways or other Facilities, whether in the Public Rights of Way or on privately-owned property, until written approval is obtained from the City or other appropriate governmental authority, and, where applicable, from the private property owner. (15) Collocation and Joint Use. A Communications Services Provider, in an effort to minimize the adverse impact on the useful life of the Public Rights of Way, shall, whenever possible, enter into joint use agreements with the City and other parties who have Registered with, or who are expressly authorized by, the City to use its Public Rights of Way; provided that the terms of such agreements are satisfactory to the Communications Services Provider. Nothing herein contained shall mandate that the Communications Services Provider enter into joint use agreements with pmiies other than the City or an agency of the City. However, prior to placement of any new or additional underground conduit in the Public Rights of Way, a Communications Services Provider is required to certify in writing to the City Manager or his designee that it has made appropriate inquiry to all existing utilities and other entities possessing a right to occupy the Public Rights of Way as to the availability of existing or planned conduit that the pmticular Communications Services Provider could reasonably utilize to meet its needs, and that no such conduit is available or ., planned at a reasonable cost by any other entity on the time schedule reasonably needed. The Communications Services Provider shall not be 30 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 of the placement or maintenance of a Communications System or Facility as authorized herein or failure by the City to so inspect. (20) Access to Manholes. The City, in the proper exercise of its municipal powers and duties with respect to the Public Rights of Way, shall have access at any time to all hand holes and manholes in the City belonging to a Communications Services Provider. Before accessing any manhole, the City will make a reasonable good faith effort to provide the Communications Services Provider prior notice to afford an opportunity to have trained personnel present, unless determined by the City to.be an emergency situation. (21) Compatibility, Capacity and Interference Issues. To properly manage and control the use of the Public Rights of Way, and to protect the health, safety and general welfare of the public, the City, in its legislative and regulatory role, shall be the final authority on permitting a Communications System or Facility to be placed in the Public Rights of Way and shall exercise such authority in a non-discriminatory manner. It shall be in the sole discretion of the City Manager whether an easement is compatible with or allows for its use by a Communications System or Facility. It shall be in the sole discretion of the City Manager or his designee, based on the nature, design, size, configuration or proposed location of any Communications System or Facility, whether there is sufficient Capacity in a particular section of the Public Rights of Way or whether such System or Facility will interfere with the Facilities or equipment of any municipality, county, public utility, cable operator, or other Communications Service Provider. (22) No Warranty of Fitness or Suitability. The City makes no express or implied warranties or representations regarding the fitness, suitability, or availability of the Public Rights of Way for any Communications System or Facility or its right to authorize the placement or maintenance of any Communications System or Facility in the Public Rights of Way. Any performance of work, costs incurred or services rendered by a Communications Services Provider shall be at such Provider's sole risk. Nothing in this Chapter shall affect the City's authority to acquire or add Public Rights of Way, or to vacate or abandon Public Rights of Way as provided for in the City Code or applicable law. The City makes no express or implied wananties or representations regarding the availability of any acquired, added, vacated or abandoned Public Rights ofWay for a Communications System or Facility.· (23) Annexations. Upon the annexation of any tenitory to the City of Atlantic Beach, the provisions ofthis Article III, Chapter 19 and the rules, regulations and general conditions contained herein shall extend to the tenitories so annexed; and all Facilities placed, maintained, owned or operated by any Communications Services Provider extending into or already located in the Publi<v Rights of Way of the territory so annexed, shall thereafter be subject to all terms hereof, as the same may be amended from time to time. 00904259-3 3 2 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 tallest existing Utility Pole as of July 1, 2017, located in the same City Public Rights of Way, other than a Utility Pole for which a waiver has previously been granted, measured :from grade in place within five hundred (500) feet of the proposed location of the Utility Pole. Ifthere is no Utility Pole within five hundred (500) feet, the Utility Pole intended to support the Collocation of Small Wireless Facilities shall be limited to fifty (50) feet. (e) Location context. The following location context standards shall apply to proposed Facilities and Utility Poles. (1) Installation at outermost boundary of Public Rights of Way. At-grade Facilities and Utility Poles shall be placed at the farthest distance practicable from the edge of pavement unless there is a designated corridor within the Public Rights of Way. (2) Equidistant requirement. Utility Poles are strongly encouraged to be placed equidistant between existing Utility Poles, if any, within the Public Rights of Way. (3) Common property line. For Placement within residentially-zoned districts, At- grade Facilities and Utility Poles are strongly encouraged to be placed at the common property line of the parcels that abut the Public Rights of Way or otherwise demonstrate the least impact to access such parcels. ( 4) Prohibition against placement that significantly impairs view from principal structures within residential blocks. At-grade Facilities and Utility Poles, shall be placed such that views fl:om principal stluctures within residential districts are not significantly impaired. (5) Non-Residentially Zoned Districts. At-grade Facilities and Utility Poles are strongly encouraged to be placed at the common property lines of the parcels that abut the Public Rights of Way, or otherwise demonstrate the least impact to such parcels. (6) Prohibition against placement in location where facilities are placed underground. At-grade Facilities, aerial Wireline Facilities, and Utility Poles in the Public Rights of Way shall comply with undergrounding requirements of the City that prohibit aboveground structures in the Public Rights of Way, as applicable. (7) Tree Removal. The Placement or Maintenance of a Small Wireless Facility that results in the impact or removal of a Regulated Tree shall comply with the provisions of Chapter 23 of the City Code. Tree removal is not pe1mitted within the Public Rights of Way to increase signal strength or provide a line- of-sight. 00904259-3 3 4 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (3) Whether there is an excessive expense associated with compliance with the Section or subsection for which a waiver is being sought; or (4) Whether the proposed waiver preserves to the City flexibility in its management of the Public Rights of Way. (d) In granting any waiver, the City Manager or his designee may impose conditions to the extent the City Manager or his designee concludes such conditions are necessary to minimize any adverse effects of the proposed Communications Facility or Utility Pole on the Surrounding Neighborhood, or to protect the health, safety and welfare of the public. (e) The City Manager or his designee shall grant or deny a request for a waiver within forty-five ( 45) days after receiving the request for waiver. Should a request for waiver, and ultimately a permit, be denied by the City Manager or his designee, the denial of the waiver may be appealed in conjunction with an appeal of the permit denial in accordance with Section 19-40. Section 19-37. Wireless Facilities. (a) Applicability. This Section shall apply to any person who seeks to construct, place, install, maintain or operate a Wireless Facility in the Public Rights of Way, unless otherwise exempt by operation of applicable codes or State or Federal laws or regulations. This Section shall not apply to Wireless Communications Facilities owned by a Person, including the City, to the extent such facilities 31'e utilized only on an internal, non-conunercial basis by said person. This Article is intended to implement the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), F.S. In the event the Advanced Wireless In:fi:astructure Deployment Act, Section 337.401(7), F.S., is repealed, amended, or overturned by a court of competent jurisdiction, in whole or in part, provisions of this Section may no longer apply, in which case pending and future applications for Wireless Facilities and Utility Poles intended to support the Collocation of Small Wireless Facilities in the Public Rights of Way, will be governed by applicable law. Section 19-37.1. Wireless Facilities Allowed in the Public Rights of Way. (a) Subject to the requirements of this Alticle III, only the following Wireless Facilities may be Placed or Maintained within the Public Rights of Way: (b) 00904259-3 (1) Small Wireless Facilities Collocated on Existing Structures or Collocated on new Utility Poles intended to support the Collocation of Small Wireless Facilities; and (2) Micro Wireless Facilities suspended on cable strung between Existing Structures. Wireless Suppmt Structures are not pennitted within the Public Rights of Way. 36 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 permit under this Section. As used in this Section, the term emergency maintenance means the repair or replacement of a Wireless Facility as a result of a condition that affects the public health, safety or welfare, which includes an unplanned out-of-service condition of a preexisting service. (4) The City Manager or his designate may issue an immediate stop work order where any Limited W ark poses a serious threat to the health, safety or welfare of the public until such time as such serious threat has been abated. (c) Presubmittal conference. Prior to submitting a permit. application, the applicant is encouraged to schedule a presubmittal conference with the City. A presubmittal conference is not required prior to submitting a pe1mit application. (d) Permit Application. As part of any permit application to place or maintain a Small Wireless Facility in the Public Rights of Way, the Registrant shall provide a permit application or consolidated permit application that sets forth, at a minimum, the following: (1) Engineering plan. An engineering plan signed and sealed by a Florida licensed professional engineer, that includes: a. The type of proposed Wireless Facility including the dimensions, volume, height, footprint, and stealth design and concealment features of the proposed Small Wireless Facility, and location of the proposed Small Wireless Facility, including whether the proposed Small Wireless Facility is proposed within a location subject to restrictions pursuant to Section 19-37.4(c)(l); b. The type of structure intended to support the Small Wireless Facility, such as an Existing Stmctme, Repurposed Stlucture, or Utility Pole intended to support the Collocation of the Small Wireless Facility, including supporting documentation that the stlucture can suppmi the additional load of the proposed Small Wireless Facility, if applicable; c. The distance of the proposed Small Wireless Facility, including ground- mounted equipment, and nearby pavement, sidewalks, driveways, ramps, u·ees, underground Utilities and other above-grade and below-grade structures and Utilities located nearby within the Public Rights of Way; d. The Global Positioning System (GPS) coordinates ofthe proposed Small Wireless Facility. The GPS coordinates shall be based on the reading from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based on Google Emih or silnilar application may be ,used where m·eas of shading occur due to overhead canopy. GPS Coordinates shall be provided in decimal degrees at a six ( 6) decimal point precision; e. Sufficient specificity demonsh·ating compliance with the Florida Building Code and other applicable codes, including but not limited to sight lines or clear zone standm·ds and specifications for transpmiation, pedesh·ians, ,, and public safety as provided in the Florida Depmtment of Transpo1iation Plans Preparation Manual, Florida Depmtment of Transpo1iation Manual 00904259-3 3 8 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the Florida Greenbook), and the Florida Department of Transportation Design Standards, as amended, the Trench Safety Act (Chapter 553, Florida Statutes), the Underground Facility Damage Prevention & Safety Act (Chapter 556, Florida Statutes), the "Safety Rules for the Installation & Maintenance of Electrical Supply & Communication Lines" established by the U.S. Department of Commerce, Bureau of Standards and the National Electric Safety Code; f. Trees and landscaping to be removed or impacted upon the placement or maintenance of the proposed Small Wireless Facility. The placement or maintenance of a Small Wireless Facility that results in impacts or removal of a Regulated Tree shall provide additional information and documentation in accordance with Chapter 23 of the City Code. (2) Description of installation or Construction. The Applicant shall provide a description of the manner in which the Small Wireless Facility will be placed or maintained (i.e. anticipated Construction methods or techniques). (3) Pole attachment agreement. For Collocations on Private Utility Poles, the applicant shall provide a copy of a valid pole attachment agreement for the Collocation of the proposed Small Wireless Facility. In lieu of providing the complete pole attachment agreement between the owner of the Private Utility Pole and applicant, the applicant may provide the first page of such agreement and the signature page or a notarized letter of authorization from the owner of the Private Utility Pole, providing adequate identifying information, acceptable to the City, and indicating the applicant is authorized to Collocate on the identified Private Utility Pole. (4) Stealth design. The Applicant shall provide a description of stealth design to be utilized pursuant to Section 19-3 7 .4(b). (5) Temporary sidewalk closure plan. The applicant shall provide a temporary sidewalk closure plan, if applicable, to accommodate placement or maintenance ofthe Small Wireless Facility. ( 6) Temporary maintenance of traffic (MOT) plan. The applicant shall provide a temporary traffic lane closure and maintenance of traffic (MOT) plan, if applicable, to accommodate placement or maintenance of the Small Wireless Facility. (7) Restoration plan and estimate cost of restoration of the Public Rights of Way. If applicable, a restoration plan and a good faith estimate of the cost of restoration of the Public Rights of Way. Such good faith estimate shall be accepted by the City unless the Public W arks Director determines such estimated costs are not representative of the actual costs of the restoration of 00904259-3 3 9 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 the Public Rights of Way. Estimates of the cost to restore the Public Rights of Way shall include all costs necessary to restore the Public Rights of Way to its original condition. Such good faith estimate shall include, but is not limited to, ·costs to restore the paving, curbs/gutters, sidewalks, multi-purpose trails, and landscaping. All planted or naturally occurring shrubbery or vegetation, including sod, damaged or destroyed during work in the Public Rights of Way shall be replaced, except tree removals or pruning as allowed by the permit. (8) Timetable for Construction or installation. The timetable for placement or maintenance of the proposed Small Wireless Facility or each phase of the placement or maintenance thereof. (9) Indemnification. A statement shall be included within the permit application that by execution of the application, the Registrant shall be bound to the City with respect to the indemnification provisions set forth in Section 19-44. (10) Airport airspace protection. Applicant shall comply with Chapter 333, F.S., and all State and federal laws and regulations pertaining to airpoti airspace protections. (e) Application review time .frames. An application for a permit for a Small Wireless Facility, Repurposed Structure and Utility Pole intended to suppoti the Collocation of Small Wireless Facilities within the Public Rights of Way shall be reviewed by the City as follows: 00904259-3 (1) Notice of application deficiency. Witbin foruieen (14) days after the date of filing an application, unless the timeframe is mutually extended, for the Collocation of a Small Wireless Facility, Repurposed Structure or Utility Pole intended to support the Collocation of Small Wireless Facilities the City Manager or designee shall determine whether the application is complete. If an application is deemed incomplete, the City Manager or bis designee shall notify the applicant by electronic mail and specifically identify the tnissing information. An application shall be deemed complete if the City Manager or bis designee fails to notify the Applicant otherwise witbin fourteen (14) days after the date of filing the application. (2) Request for alternative location. Within fourteen (14) days after the date of ftling the application for Collocation of a Small Wireless Facility, the City Manager or bis designee may request that the proposed location of the Small Wireless Facility be moved to another location and be placed on another Existing Structure or by placing a new Utility Pole intended to suppoti the Collocation of Small Wireless Facilities. The City and applicant may negotiate the altemative location, including objective design standards and reasonable spacing requirements for ground-mounted equipment for thitiy (30) days after the City subtnits the request. The applicant shall notify the City of its acceptance or rejection within this thitiy (30) day negotiating period. If th~ applicant accepts the altemative location, the application shall be deemed 40 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Greenbook), and/or the Florida Department of Transportation Design Standards, as amended; (3) Materially inte1feres with compliance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq, or similar federal or State standards regarding pedestrian access or movement; (4) Materially fails to comply with the 2010 edition of the Florida Deprutment of Transportation Utility Acco~odation Manual; or (5) Fails to comply with applicable codes governing placement or maintenance of Small Wireless Facilities within the Public Rights of Way, including the conditions and provisions contained in Section 19-36 and the Objective Design Standards in Section 19-37.4. (b) A permit for the Collocation of a Small Wireless Facility shall remain effective for and Construction must be completed within one (1) year. The City Manager or his designee may extend the expiration date of the permit for good cause. (c) A permit application for a Repurposed Structure or a Utility Pole intended to support the Collocation of Small Wireless Facilities shall be submitted prior to or contemporaneously with a Permit application for a Small Wireless Facility. Sec. 19-37.4. Objective Design Standards (a) Purpose and intent. Small Wireless Facilities shall be designed in such a manner that the Small Wireless Facilities are placed in a safe location that do not interfere with the traveling public, and shall be designed to maximize compatibility with the Surrounding Neighborhood and to minimize any negative visual impact on the Surrounding Neighborhood. The following objective design standards regulating the location context, color, stealth design, and concealment of the proposed Small Wireless Facility shall apply, unless waived pursuant to Section 19-37.5. (b) Stealth design. All proposed Small Wireless Facilities shall meet any one of the three following stealth design standards or combination thereof: (1) (2) 00904259-3 Preferred stealth design option 1: No exposed wires or cables; the use of shrouds; the use of a slim design wherein the top mounted Antenna does not exceed the diameter of the supporting Utility Pole at the level of the Antenna attachment and side-mounted enclosmes, if any, do not extend more than thilty (30) inches beyond the exterior dimensions of the supporting Utility Pole measured from the edge of the Utility Pole to the oute1most surface of the side- mounted enclosure. Prefen:ed stealth design option 2: No exposed wires or cables; the use of shrouds; and the use of a street light fixture to camouflage the Small Wireless Facility, All street light fixtures shall be maintained in good working order by 42 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 the Applicant or pole owner unless the City accepts maintenance responsibility in writing. If the City accepts the maintenance responsibility of a street light fixture on an City Utility Pole, the ownership of the street light fixture shall transfer to the City. All street light fixtures shall be of similar style and of similar lighting technology as nearby lighting fixtures (halogen, LED, etc.) and shall utilize dark-sky fi·iendly lighting. (3) Prefened stealth design option 3: No exposed wires or cables; the use of shrouds; and the use of wraps on the supporting structure, side mounted enclosures, and/or ground-mounted equipment. An applicant may propose a wrap design not previously approved by the City by applying for and obtaining a waiver pursuant to Section 19-37.5. Wraps shall be maintained by the applicant such that the wrap does not peel or significantly fade. (c) Concealment. The following concealment standards shall apply to proposed Small Wireless Facilities. (1) Applicants shall not place or maintain Signage on Communications Facilities in the Public Rights of Way, unless otherwise required by applicable State or federal laws or regulations, or as permitted by the City. (2) A Small Wireless Facility shall not have any type of lighted signal, lights, or illuminations unless required by applicable State or federal laws or regulations or as permitted by the City. (3) Ground-mounted equipment for Small Wireless Facilities shall be located within a ten (1 0) foot radius of the supporting structure for the Small Wireless Facility and, if possible, in areas with existing foliage or other aesthetic features to obscure the view of the ground-mounted equipment. The ground- mounted equipment shall be designed to appear similar to other at-grade facilities in the same Public Rights of Way and may be frniher concealed with additional plantings. Any additional plantings proposed pursuant to this subsection shall be approved by the City. An applicant may also utilize a wrap for At-grade Facilities. An applicant may propose a wrap design not previously approved by the City by applying for and obtaining a waiver pursuant to Section 19-37.5. Wraps shall be maintained by the applicant such that the wrap does not peel or significantly fade. (d) Maximum height restrictions. A Small Wireless Facility, including any attached Antennas, shall not exceed ten (1 0) feet above the Existing Structure, Repurposed Structure or Utility Pole upon which the Small Wireless Facility is to be collocated. (e) Location context. The following location context standards shall apply to proposed Small Wireless Facilities. 00904Z59-3 43 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (1) Prohibition against Placement within a location subject to Homeowners' Association restrictions. Small Wireless Facilities shall not be Collocated in a location subject to covenants, restrictions, articles of incorporation, or bylaws of a Homeowners' Association unless specifically authorized by the Homeowners' Association. This subsection shall not limit the installation, placement, maintenance, or replacement of Micro Wireless Facilities on any existing and duly authorized aerial Wireline Facility. (2) Prohibition against Placement in location . where facilities are placed underground. As may be applicable, Small Wireless Facilities shall comply with nondiscriminatory undergrounding requirements of the City that prohibit aboveground structures in the Public Rights of Way. Any such requirements may be waived by the City pursuant to Section 19-37.5. (3) Tree Removal. The placement or maintenance of a Small Wireless Facility that results in impacts or removal of a Regulated Tree shall comply with the conditions contained in Chapter 23 of the City's Code. ( 4) Prohibition against Placement in violation of OSHA or NESC rules and regulations. Small Wireless Facilities shall not be placed in a location which violates rules and regulations set by the Occupational Safety and Health Administration or the National Electric Safety Code. Sec. 19-37.5. Waiver of Objective Design Standards for Small Wireless Facilities. (a) Objective design standards provided in Section 19-37.4 may be waived by the City Manager or his designee upon a showing that the objective design standards are not reasonably compatible for the particular location of a Small Wireless Facility or that the objective design standards impose an excessive expense. (b) A request for a waiver shall be filed contemporaneously with the pemlit application. The request for waiver shall state each Section or subsection for which a waiver is being sought. A request for a waiver shall include a detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this Section 19-37 is required. (c) In granting any waiver, the City Manager of his designee may impose conditions to the extent the City Manager or his designee concludes such conditions are necessary to minimize any adverse effects of the proposed Small Wireless Facility on the Surrounding Neighborhood or to protect the health, safety and welfare of the public. (d) The City Manager or his designee shall grant or deny a request for a waiver within forty-five ( 45) days after receiving the request for waiver. Should a request for waiver, and ultimately a permit, be denied by the City Manager or his designee, the denial of the waiver may be appealed in conjunction with an appeal of the permit denial in accordance with Section 19-40. 00904259-3 44 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Sec.19~37.6. Make~Ready Work. (a) For a City Utility Pole that supports aerial Wireline Facility used to provide Communications Services or electric service, the City, Communications Services Provider, Wireless Infrastructure Provider, and Pass-through Provider shall comply with the process for make-ready work under 47 U.S. C. § 224, as amended, and implementing regulations. The good faith estimate of the Person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested Collocation must include pole replacement if necessary. (b) For a City Utility Pole that does not support aerial Wireline Facility used to provide Communications Services or electric service, the City shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested Collocation, including necessary pole replacement, within sixty (60) days after receipt of a complete application. Make- ready work, including any pole replacement, must be completed within sixty (60) days after the written acceptance of the good faith estimate by the Applicant. Alternatively, the City may require the Applicant seeking to Collocate a Small Wireless Facility to provide a make-ready estimate at the Applicant's expense for the work necessary to support the Small Wireless Facility, including pole replacement, and perform the make-ready work. (c) If pole replacement if 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 may not condition or restrict the manner in which the Applicant obtains, develops, or provides the estimate or conducts malce-ready work subject to the usual construction restoration standards for work in the Public Rights of Way. The replaced or altered Utility Pole shall remain the property of the City. Section 19~37.7. Collocation Fees. The rate to Collocate a Small Wireless Facility on a City Utility Pole shall be $150 per pole annually. Annual payments shall be due and payable on April 1 of each yeaT. If the payments required by this Section are not made within ninety (90) days after the due date, the City Manager or his designee may withhold the issuance of any permits to the Registrant until the amount past due is paid in full. Section 19-38. Revocation or Suspension of Development Permits. Subject to Section 19-40, the City may revoke any Development Permit currently issued to a Communications Services Provider for work in the Public Rights of Way or suspend the issuance of Development Permits in the future to a Communications Services Provider for, in addition to any other circumstances provided for in this Chapter, one or more of the following reasons: (a) a violation of permit conditions, including conditions set forth in the permit, this Chapter 19, and other applicable codes or regulations governing the placement or maintenance of Communications Facilities in the Public Rights of Way; 00904259-3 45 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (b) a misrepresentation or fraud made or committed on the pmt of the Communications Services Provider in the Registration process or in the application for an Development Permit; (c) the failure to properly renew the Registration or the ineffectiveness of Registration; or (d) the failure to relocate or remove Communications Facilities as may be required by the City pursuant to this Chapter 19. The City Manager or his designee shall provide notice and an opportunity to cure any violation of (a) through (d) above, each of which shall be reasonable under the circumstances. Section 19-39. Involuntary Termination of Registration. (a) The City may terminate a Registration if: (1) a Federal or State authority suspends, denies, or revokes a Communications Services Provider's cmtification or license to provide Communications Services; (2) the Communications Services Provider'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 Vlay and the Communications Services Provider fails to remedy the danger promptly after receipt of written notice; (3) the Communications Services Provider ceases to use all of its Communications Facilities in the Public Rights of Way and has not complied with § 19-49 herein; or (4) the Communications Services Provider fails to comply with any of the rules, regulations or general conditions set forth in § 19-35 herein. (b) Prior to tennination of a Registration, the Communications Services Provider shall be notified by the City Manager or his designee with a written notice setting forth all matters pmtinent to the proposed tmmination, including which of (1) through (4) above is applicable as the reason therefore. The Communications Services Provider shall have th:hty (30) days after receipt of such notice within which to eliminate the reason or within which to present a plan, satisfactory to the City Manager or his designee, to accomplish the same. If not eliminated or if the plan presented is rejected, the City Manager or his designee shall provide written notice of such rejection to the Communications Services Provider and a final determination to te1minate Registration. A final determination to te1minate Registration may be appealed in accordance with the procedures set fmth in§ 19-211. (c) In the event of te1mination, following any appeal period, the Communications Services Provider formerly Registered shall ., .. , 00904259-3 46 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 (1) notify the City of the assumption or anticipated assumption by another registrant of ownership of the Commrmications Services Provider's Facilities in Public Rights of Way or (2) provide the City with an acceptable plan for disposition of its Communications Facilities in the Public Rights of Way. If a Communications Services Provider fails to comply with this § 19-39 (C), which determination of noncompliance is subject to appeal as provided in§ 19- 40, 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 Communications Services Provider within 90 days of the termination, or such longer period as may be mutually agreed to between the City and the Commrmications Services Provider, to remove some or all of the C-ommunications Facilities from the Public Rights of Way and restore the Public Rights of Way to their original condition prior to such removal. (d) In any event, a Communications Services Provider whose Registration has been terminated shall take such steps as axe necessary to render safe every portion of the Communications Facilities remaining in the Public Rights of Way. (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 Commrmications Services Provider or another Person who owns or exercises physical control over the Communications Facilities holds a valid certification or license with the goveming Federal or State agency, if required for provision of such service, and who is Registered with the City, if required. (f) The City's right to terminate a Registration shall be in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of the right to terminate Registration will affect or preclude any other right the City may have. Section 19-40. Appeals. Final determinations by appropriate City staff denying an initial Registration; denying an application for renewal of a Registration; terminating a Registration; or denying, revoking or suspending any Development Permit are subject to appeal. A notice of appeal of such decision may be filed with the City's Manager within thirty (30) days of the date of the final, written decision to be appealed. The City Manager shall have thirty (30) days from the date the appeal is filed to review the matter and render a written decision to uphold or reverse the final decision made by staff. If the City Manager upholds the final decision of staff, the appellant may file a notice of appeal with the City Clerk within thirty (30) days ofthe date of the written decision ofthe City Manager. The City Clerk shall set the matter for hearing before the City Commission at any regular meeting of City Commission scheduled within forty five (45) days of the date that the notice of appeal is filed with the City Clerk, unless waiyed by the Communications Services Provider. A ruling may be made at the hearing or at the next r~gularly scheduled City Commission meeting an:d the Communications Services Provider shall be notified of the decision in writing within thitty (30) days thereof. Where a 00904259-3 47 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 notice of appeal to the City Manager or the City Clerk is not timely filed as provided herein, such right to appeal shall be waived. Upon conection by the Communications Services Provider of the circumstances that gave lise to a suspension or denial of a Development Permit, the .suspension or denial shall be lifted (the same does not apply to the revocation of a Development Permit). Section 19-41. Fees Applicable to Those Not Subject to Communications Services Tax. While the Florida Legislature has prohibited municipaljties fi·om requiring providers of Communications Services who have registered with the Florida Department of Revenue from having to enter into franchise agreements or license anangements as a condition to placing or maintaining Communications Facilities in the Public Rights of Way, the City expressly reserves the right to require the payment of consideration or regulatory fees by Persons using or occupying the Public Rights of Way in other capacities. The City reserves the right to require such payments based on the type of user and to the extent as follows: (a) Dealer. A Communications Services Provider who meets the definition of dealer as set forth in state statute and who has registered in accordance with Section 19-33 is not required to enter into a franchise agreement or license anangement with the City as a condition to placing or maintaining Communications Facilities in the Public Rights of Way, nor is a dealer required to malce payment of any fi·anchise fees, license fees or other user fees to the City as consideration for the use or occupancy of the Public Rights of Way for the provision of Communication Services. (b) Pass-through Provider and Pass Tiu·ough Facilities. A Conununications Services Provider who meets the definition of Pass-through Provider as set forth in this Chapter 19 shall pay the City the maximum annual amount allowed under§ 337.401(6) (b), Florida Statutes, as amended. For purposes of calculating payments hereunder, each separate pole or tower installed or maintained by a Pass-through Provider for purposes of suppmiing Antennas for other over-the-air radio transmission or reception equipment in the Public Rights of Way shall comprise a separate Communications Facility subject to assessment of a separate permit fee in the amount of five hundred dollars ($500.00) per linear mile, or portion thereof, up to the maximum amount allowed under § 337.401, Florida Statutes, whichever is higher. The annual amount refened to above shall be due and payable on October 1 of every year beginning on October 1, 2018. Fees not paid within ten (10) 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 acknowledgment that the amount paid is the conect 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 or authodzation to install any facilities in the Public Rights of Way. (c) Other Persons. All other Persons, except Govenunent, are required to pay the City, as consideration for the use or occupancy of the Public Rights of Way for the placement or maintenance of Communications Facilities, an amount based on and in accordance with Section 19-41 (b), City Code. (d) Government. A govenunent entity is not required to pay the City consideration for the use 0.r occupancy of the Public Rights of Way for the placement or maintenance of Communications Facilities, unless such Facilities are being used by such govenunent entity or a Communications 00904259-3 48 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 $500,000,000 based on capital, surplus, and conditional reserve funds). Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. All liability policies shall name the City, its commission members, officers, and employees as additional insureds with respect to any covered liability arising out of the placement or maintenance of Communications Facilities in the Public Rights of Way or other activities under this Chapter .. Each Communications Services Provider shall finnish annually to the City cmtificates showing proof of all required insurance coverage. All liability coverage must be in occurrence form and in accordance with the limits specified. Claims made policies are not acceptable. No insurance policy shall be canceled, nor shall the occunence or aggregate limits set f01th herein be reduced, until the City has received at least thirty (30) days, advance written notice by registered, certified or regular mail or facsimile of any cancellation, intent not to renew or reduction in policy coverage. Each Communications Services Provider shall be responsible for notifYing the City of such cancellation, intent not to renew or reduction in coverage. All Certificate(s) of Insurance, including all endorsements and riders, evidencing insurance coverage shall be submitted to the City within thirty (30) days after the date of registration with the City in order for a Communications Services Provider to obtain Development lermits required for construction in the Public Rights of Way. Each Communications Services Provider shall, in the event of any such notice described above, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Communications Services Provider of such notice. (c) The Certificate(s) of Insurance forms must be properly executed by the authorized representative of the insurance provider and must include all endorsements, riders and notices. Each Connmmications Services Provider shall file and maintain with the City on an mmual basis the required Ce1tificate(s) of Insurance. The Celiificate(s) of Insurance must indicate the following: 00904259-3 (1) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; that the policy coverage 11pertains to the requirements of Section 19-43 of the Atlantic Beach Communications Facilities in Public Rights of Way Ordinance;rr policy expiration date; and specific coverage amounts; and (2) any applicable deductibles or self-insured retentions; and (3) that the City, its Commission members, officers and employees are additional insureds; and (4) that the City shall receive thirty (30) days, advance written notice of cancellation, intent not to renew or reduction in coverage; and (5) that the commercial general liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to conti'ibute with this insurance. ,., 50 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Section 19-45. Construction Bond. (a) Prior to issuance of any Development Permit where the type of work allowed under the permit will require restoration of the Public Rights of Way, the Communications Services Provider or the contractor performing such work on its behalf shall obtain, pay for and file with the City a construction bond. The construction bond shall serve to guarantee the timeliness and quality of the construction and restoration work and to secure, and enable the City to recover, all costs related to the restoration of the Public Rights of Way in the event the Communications Services Provider or its contractor fails to make such restoration to the City's satisfaction or causes damage to the Public Rights of Way during construction. The construction bond must name the City as Obligee and be in the face amount of Fifteen Thousand Dollars ($15,000) conditioned upon the full and faithful completion of construction and restoration of the Public Rights of Way to its original condition. Six (6) months following completion and inspection of the restoration of the Public Rights of Way satisfactory to the City Manager or his designee, the Communications Services Provider or its contractor, as the case may be, may reduce the face amount of the construction bond to Five Thousand Dollars ($5,000) and, thereafter, may allow the bond to lapse in accordance with its terms. However, for any subsequent work in the Public Rights of Way, the Communications Sei'Vices Provider or its contractor will be required to replenish any existing construction bond or provide a new construction bond in the face amount of Fifteen Thousand Dollars ($15,000). The construction bond shall be in a form acceptable to the City Manager and must be issued by a surety having a rating reasonably acceptable to the City Manager or his designee and authorized by the Florida Department oflnsurance to issue surety bonds in this State. (b) The construction bond must be issued as non-cancelable and be for a term of not less than twelve (12) months. In the event the term of any construction bond expires, or is reasonably expected to expire, prior to the completion of construction, restoration and City inspection, the Communications Services Provider, or the contractor acting on its behalf, shall immediately obtain, pay for, and file with the City a replacement bond. (c) The City's requirement of a construction bond is not in lieu of any additional bonds that may be required under this Chapter or through the permitting process. The City's right to recover under the construction bond shall be in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect or preclude any other right the City may have. Section 19-46. Performance Bond. (a) Prior to issuance of any permit in accordance with this article, the registrant shall be required to obtain, pay for, and file with the City a performance bond. The performance bond shall serve to guarantee proper performance under the requirements of this article and the permit, the timeliness and quality of the construction and restoration of the affected Public Rights of Way, and to secure and enable the city to recover all costs related to the restoration of the Rights of Way, in the event the registrant fails to malce such restoration to the City's satisfaction or causes damage to the Rights of Way during construction. Tbe performance bond must name the City as obligee, and be conditioned upon the full and faithful compli'ance by the registrant, with all requirements, duties, and obligations imposed by the pennit and provisions of this Alticle, during and through completion of 00904259-3 52 Agenda Item 1B January 8, 2018 ATTACHMENT A Minutes of November 27, 2017 11/26/2017 Communications Services Provider shall be given the opp01tunity to provide such information as it may have concerning its compliance with the terms and conditions of this Ordinance. The City may flnd a Communications Services Provider that does not demonstrate compliance with the terms and conditions of this Chapter in default and apply any appropriate remedy or remedies as authorized by this Ordinance. In determining which remedy is appropriate, the City Commission 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 frniher violations, and such other matters as the City Commission determines are appropriate to the public interest. (d) The City Manager or his designee, or his/her designee, shall be responsible for administration and enforcement of this Chapter, and is authorized to give any notice required herein or bylaw. (e) Failure of the City to enforce any requirements of this Chapter 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 19-48. Abandonment of a Communications Facility or Utility Pole. (a) Upon Abandonment of any Facility or Utility Pole owned by a Communications Services Provider in the Public Rights of Way (hereinafter "Abandoned Communications Facility"), the Communications Services Provider shall notify the City within sixty ( 60) days. (b) The City may direct the Communications Services Provider, by written notice, to remove all or any portion of such Abandoned Communications Facility at the Communications Services Provider's sole expense if the City determines that the Abandoned Communications Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Communications Facility: (1) compromises safety at any time for any Public Rights of Way user; (2) compromises the safety of other Persons performing placement or maintenance of Communications Facilities in the Public Rights of Way; (3) prevents another Person from locating other facilities in the area of the Public Rights of Way where the Abandoned Communications Facility is located when other alternative locations are not reasonably available; or (4) creates a maintenance condition that is disruptive to the use of the Public Rights of Way. In the event of (2), the City may require the third Person to coordinate with the Communications Services Provider that owns the existing Communications Facility for joint removal and placement, where agreed to by the Communications Services Provider. (c) If the Communications Services Provider fails to remove all or any portion of an Abandoned Communications Facility as directed by the City within the time period specified in the written notice, which time period must be reasonable under the circumstances, the City may perform such removal and charge the cost of the removal against the Communications Services Provider. (d) In the event that the City does not direct the removal of the Abandoned Communications Facility, the Communications Services Provider, by its notice of Abandonment to the., City, shall be deemed to consent to the alteration o;r removal of all or any po1tion of such 00904259-3 54 Agenda Item 1B January 8, 2018