Ordinance No. 65-17-39 vORDINANCE NO. 65-17-39
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;
4. 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
ways 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 alfa, the authority of local
governments to regulate the placement and maintenance of utilities and communications facilities in
the public rights of way; and
WHEREAS, rules and regulations imposed by a local government relating to communications
service providers that desire to place or maintain communications facilities in its rights of way must
be generally nondiscriminatory and competitively neutral; and
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WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local government may
not use its authority over the placement of facilities in its rights of way as a basis for asserting or
exercising regulatory control over a provider of communications services regarding matters within
the exclusive jurisdiction of the Florida Public Service 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 alfa, 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, performance 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, wireless 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 transport
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 authority 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 conformance with Federal and State laws and rules, in order to adequately regulate the
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City's rights of way regarding placement and maintenance of utility infrastructure, and existing, new
and expanded communications facilities in the City's rights of way; and
WHEREAS, adoption of the following Ordinance is necessary to satisfy the above objectives.
NOW, THEREFORE, BE IT ORDAINED by the City Commission on behalf of the people of
the City of Atlantic Beach, Florida:
SECTION 1. Sections 19-1 and 19-2 of Chapter 19 are hereby deleted in their entirety and new
Sections 19-1 and 19-2 are hereby adopted to read as follows:
ARTICLE I. GENERAL PROVISIONS
Section 19-1. Construction within and/or use of City Rights of Way.
(a) Except as expressly set forth below in Article II of this Chapter regulating utilities, and
in Article III of this Chapter regulating communication services, the provisions in this Article I shall
apply to any construction within and/or use of City rights of way.
(b) The following terms and phrases shall have the meanings given herein for purposes of
this Chapter 19. Words not otherwise defined shall be construed to mean the common and ordinary
meaning.
"Construction " means any use of, activity, placement, replacement, repair or installation
performed by any person or entity other than the City within the boundaries of any City right of way,
including, but not limited to, curb cuts; driveways; excavation activities; installation of pavers, poles,
conduits, wires, cables, fencing, signage and sidewalks; structures or other improvements or fixtures;
and landscaping activities. The term does not include pedestrian, bicyclist or vehicular use of the
Rights of Way.
"Rights of Way" or "Public Rights of Way" means land in which the City owns the fee or has
an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a
transportation facility, as that term is defined in § 334.03(21), Florida Statutes, and may lawfully
grant access pursuant to applicable law and includes the surface, airspace over the surface and the
area below the surface of such Rights of Way. "Public Rights of Way" shall not include (a) county,
state or federal rights of way, (b) property owned by any Person other than the City, (c) service
entrances or driveways leading from the road or street onto adjacent property, or (d) except as
described above, any real or personal property of the City, such as, but not limited to, City parks,
buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements,
regardless of whether they are situated in the Public Rights of Way.
(c) Except as may be permitted in accordance with Section 19-2 hereof, no person or
entity shall undertake any use of or any type of construction within City Rights of Way, including
without limitation, the following:
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(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 permit 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 form prescribed by the City.
(c) Fees for permits and revocable licenses shall be determined 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 defined 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 property owner conflicts with or outweighs the benefit to the
general public for the use of the affected Right of Way.
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(f) Revocable licenses are required for all improvements in the Right of Way which are
not accepted for maintenance by the City.
(g) All requests for revocable license agreements require approval by the City Manager or
his designee.
(h) The permit or revocable license applicant shall be the owner or owners of the real
property located adjacent to the affected right of way or a person designated by affidavit of said
owner or owners.
(i) Time limitations.
(1) In no case shall construction commence on any improvement within any Right
of Way before a permit and, if required, a license is issued. A permit issued by
the City shall be valid for a period of up to one hundred eighty (180) days from
the date of issuance. If a period in excess of one hundred eighty (180) days is
required because of the scope of work, approval shall be obtained in advance
of the issuance of the permit and the permit validation period shall reflect such
extension. A permit shall not be extended more than three (3) times or for more
than one (1) year from the date of issuance.
(2) After issuance of the permit, the permittee shall notify the Building
Department a minimum of two (2) business days prior to commencing
construction. This notification will allow for scheduling of inspections. If a
road closure is required, the permittee shall submit with the permit application
a maintenance of traffic (MOT) plan to include all proposed road closures and
an expected time duration for each closing. Road closures shall require
separate approval by the Public Works Department and Public Safety
Department and a minimum of three (3) business days' prior notification
before the commencement or construction. Road closures of fewer than fifteen
(15) minutes shall not require notification.
0) Application and other requirements.
(1) Any person legally entitled to apply for and receive a permit and/or license
under the provisions of this Article shall make such application in writing to
the City in a form/format provided for that purpose. Every applicant for a
permit/license shall give a description of the character of the work proposed to
be done and the location, ownership, occupancy and use of the premises in
connection therewith. The City may require plans, specifications or drawings
and such other information as it may deem necessary and pertinent prior to the
granting of a permit/license. If the City determines that the plans,
specifications, drawings, descriptions or other information furnished by the
applicant are in compliance with this Article, the rules and regulations of any
other department having jurisdiction and any other laws, rules and regulations
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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) If it 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 of beginning
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 carry 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 verify the location and elevation of all underground
facilities and shall protect said facilities from damage; in the event that any
facilities are damaged, the applicant or applicants shall, at their sole expense,
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repair or cause to be repaired the damaged facilities to the satisfaction of the
owner or operator of said facilities."
(9) Upon the completion of the work authorized by a permit/license hereunder, the
permittee/licensee shall refill all trenches and excavations. All openings in
Rights of Way must be promptly filled with suitable material, free from
rubbish and perishable matter, and thoroughly and evenly compacted
throughout, ramming in thin layers while being put in or by flooding with
water. Upon completion of the backfill, the permittee/licensee shall
immediately place pavement, if applicable, in a safe condition for traffic by
laying a temporary pavement, properly supported, having the top of the
pavement flush with the pavement surface. Immediately after completion of
work or any consecutive portion of it, the permittee/licensee shall remove from
such street or sidewalk all unused material, refuse and dirt placed in the
vicinity of the work resulting from its prosecution and restore the Right of Way
to a condition satisfactory to the City, notifying the City of such action. In case
the work is not completed within the time limited in the permit/license, the
City may, if it deems necessary, take steps to return the surface to a safe
condition. If an extension of time beyond such date is necessary for completion
of the work, a new application must be obtained. All persons in charge of any
work in the Rights of Way must retain and have in possession at all times
while so engaged the permit/license as described in this section. If the City
shall at any time within thirty (30) days after the sidewalks and/or pavement
have been replaced or repaired determine that the work has not been completed
in a workmanlike manner or otherwise fails to meet City standards, then, and
in that event, the City shall cause the sidewalks, pavement or other surfaces
within the Right of Way so defectively replaced and repaired to be properly
replaced and repaired. All costs and expenses of so replacing and repairing
such work shall be charged against the fund deposited by the person to whom
the permit was granted to cut, disturb and excavate the pavement or sidewalks,
for a period of one (1) year against defect.
(k) Each applicant for a permit and/or license, as may be applicable, under this Article
shall:
(1) Agree to save the City, its officers, employees and agents harmless from any
and all costs, damages and liabilities which may accrue or be claimed to accrue
by reason of any work performed or existence of any improvement under such
permit or revocable license. The acceptance of any permit or revocable license
under this Article shall constitute such an agreement by the applicant whether
such acceptance is expressed or not.
(2) Pay a permit and engineering review fee and security deposit. Developers of
major subdivisions may request to pledge assurances to the City in lieu of cash
or check, and the city, in the sole exercise of the City Manager's judgment and
discretion, may accept or reject such assurances.
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(3) Furnish a certificate of insurance.
(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 Article.
(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:
(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 Article;
(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, rule 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 permittee 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
certificate or license upon which the same was issued;
(8) The work is not being done in accordance with the terms of the permit/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;
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(10) The work performed is threatening or interfering with public welfare and
safety;
(11) The work performed is not in compliance with this Article and/or City Code;
or
(12) The permittee is not in compliance with this Article and/or City Code."
SECTION 2. No Changes to Sections 19-3 through 19-7. No changes are hereby made to Sections
19-3 through 19-7, inclusive, of Chapter 19 of the City's Code of Ordinances.
SECTION 3. Deletion of Section 19-8. Section 19-8 of Chapter 19 of the City's Code of
Ordinances is hereby deleted in its entirety.
SECTION 4. Creation of Article II, Chapter 19, Code of Ordinances. New Article II of Chapter
19 of the City's Code of Ordinances is hereby created to read as follows:
ARTICLE II. UTILITY PLACEMENT WITHIN CITY RIGHTS OF WAY
Section 19-20. Applicability.
This Article shall apply to any public or private entity who seeks to construct, maintain,
repair, operate and/or remove lines for the transmission of public utilities that are not providing
communications services as defined in Section 202.11 (1), Florida Statutes, under, on, over, across or
within the public Rights of Way, including but not limited to, water, sewage, gas, power and
television, or as regulated by a franchise, as applicable. The transmission of communications
services as defined in Sections 202.11 and 202.11(1), Florida Statutes, and the construction,
placement, installation, maintenance and operation of a communications facility or utility pole in the
Rights of Way, shall be governed by the provisions of Chapter 19, Article III.
Sec. 19-21. Permit Required.
Any person who desires to construct, maintain, repair, operate-, or remove lines for the
transmission of water, sewage, gas, power, other public utilities, and television under, on, over,
across, or within the Rights of Way of the City shall be required to obtain a permit from the City. The
provisions of Sections 19-20) and (m) of Article I of this Chapter shall be applicable to any such
permit.
Sec. 19-22. Provisions of Permit.
In addition to the provisions of Section 19-2(k) of Article I of this Chapter, any such permit
granted by the City shall contain adequate provisions:
(a) To prevent the creation of any obstructions or conditions which are or may become
dangerous to the traveling public;
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(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 injury;
(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 hereunder.
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 repeal rules and regulations
to carry out the intent and purposes of this 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 under, 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 hereunder.
Sections 19-28 and 29 are hereby reserved.
SECTION 5. Creation of Article III, Chapter 19, Code of Ordinances. New Article III of
Chapter 19 of the City's Code of Ordinances is hereby created to read as follows:
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ARTICLE III. COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY
Section 19-30. Short Title.
This Article III 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 transport 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
important 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 § 337.401, Florida Statutes, to create the new Subsection (7) known as
the Advanced Wireless Infrastructure Deployment Act ("Wireless Deployment
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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
registration 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 further 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.
(10) 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
("Distributed 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 wireline and wireless communications
facilities or wireless support structures.
(14) The City fords 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
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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.
(17) The City Manager or designee may promulgate rules, regulations and policies
to implement this Article, and consistent with this Article and other applicable
federal and state laws.
(b) This Article shall apply to any person or public or private entity who seeks to
construct, 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 of applicable 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. Definitions.
(a) For purposes of this Article III, the following terms, 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 plural 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 defined 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.
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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.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency 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 III of Chapter 19 of the 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 of the 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.
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 support structure or Utility Pole.
The term does not include the installation of a new Utility Pole or Wireless Support Structure in the
public Rights of Way, 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, appurtenances, 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.
1400904259-6
Communications Services shall include, without limitation, the transmission, conveyance or
routing of voice, data, audio, video, or any other information or signals to a point, or between or
among points, by and through electronic, radio, satellite, cable optical; microwave, or other medium
or method now in existence or hereafter devised, including Wireless Services, regardless of the
protocol used for such transmission or conveyance, open video system, cable service.
Communications Services Provider shall refer to any person making available or providing
Communications Services, as defined herein, including without limitation a Wireless Infrastructure
Provider and a Pass -Through Provider.
Development Permit means the permit required under Section 19-35, City Code, prior to
commencement of any placement or maintenance of Communication Facilities in the Public Rights of
Way.
Existing Structure means a Utility Pole with the Public Rights of Way that exists at the time
an application to Place a Communications Facility on that Utility Pole is filed with the City. The term
includes Repurposed Structures. The term does not include At -grade Facilities, Below -grade
Facilities, or Wireline Facilities. An Existing Structure is not transformed into a Communications
Facility by the Collocation of a Wireless Facility.
In the Public Rights of Way means in, along, on, over, under, across or through the Public
Rights of Way.
Law or code means any local, state or federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or
other requirements, as amended, now in effect or subsequently enacted or issued including, but not
limited to, the Communications Act of 1934, 47 USC §§ 151 et seq. as amended, all orders, rules,
tariffs, guidelines and regulations issued by the Federal Communications Council or the governing
state authority pursuant thereto, Section 337.401, Florida Statutes, as amended, and all state statutes
and regulations issued by state agencies pursuant thereto.
Micro Wireless Facility means a Small Wireless Facility having dimensions no larger than
twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and
an exterior Antenna, if any, no longer than eleven (11) inches.
Pass -Through Facilities means the Facilities for a Communication System that merely pass
through the City from one point to another point and from which no revenues are directly attributable
to subscribers or other carriers within the City.
Pass-through Provider means any Person, municipality or county that places or maintains a
Communications System or Communications Facilities in the Public Rights of Way but who does not
provide Communications Services, including for example a company that places "dark fiber" or
conduit In The Public Rights of Way and leases or otherwise provides those facilities to another
company that does provide Communications Services to an end user. This definition of "Pass-through
Provider" is intended to include any Person that places or maintains "Pass -Through Facilities" in the
1500904259-6
Public Rights of Way, but does not provide Communications Services to an end user within the
corporate limits of the City.
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 parry'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 wireline 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 Infrastructure 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
Article.
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 Structure that has been renovated, reconfigured, or
replaced with a similar structure so as to continue serving its primary existing purpose while also
supporting the attachment of Communications Facilities that is approximately in the same location as
the Existing Structure and in such a manner that does not result in a net increase in the number of
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 Structure remains the
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property of the owner of the Existing Structure prior to the repurposing, unless ownership otherwise
lawfully changes.
Shroud means a covering or enclosure of pole -mounted equipment associated with a Small
Wireless Facility.
Small Wireless Facility means a Wireless Facility that meets the following qualifications:
(a) Each Antenna associated with the facility is located inside an enclosure of no more
than six (6) cubic feet in volume or, in the case of Antennas that have exposed
elements, each Antenna and all of its exposed elements could fit within an enclosure
of no more than six (6) cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more than
twenty-eight (28) cubic feet in volume. The following types of associated ancillary
equipment are not included in the calculation of equipment volume: electric meters;
concealment elements; telecommunications demarcation boxes; ground-based
enclosures; grounding equipment; power transfer switches; cutoff switches; vertical
cable runs for the connection of power and other services, and Utility poles or other
support structures.
Surrounding Neighborhood means the area within a five hundred (500) foot radius of a
Communications Facility site or proposed Communications Facility site.
Utility Pole means a pole or similar structure used in whole or in part to provide
Communications Services or for electric distribution, lighting, traffic control, signage, or a similar
function. The term includes the vertical support structure for traffic lights, but does not include any
horizontal structures upon which are attached signal lights or other traffic control devices and does
not include any pole or similar structure 15 feet in height or less unless the City grants a waiver for
the pole. The term does not include a Utility Pole owned by the City, nor does it include any other
Utility Pole exempt from such term pursuant to § 337.401, Florida Statutes.
Wireless Facility means Communications Facility at a fixed location which enables wireless
communications between user equipment and a communications network, including radio
transceivers, Antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup powers
supplies, and comparable equipment, regardless of technological configuration, and equipment
associated with wireless communication. This term includes Small Wireless Facilities. This term does
not include:
(a) The structure or improvements on, under, within, or adjacent to the structure on which
the equipment is Collocated;
(b) Wireline backhaul facilities; or
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(c) Coaxial or fiber-optic cable that is between wireless structures or Utility Poles or that
is otherwise not immediately adjacent to or directly associated with a particular
Antenna.
Wireless Infrastructure Provider means a Person who has been 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 term 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 immediately adjacent to or directly associated with a particular Antenna of a Wireless
Facility.
Wrap means an aesthetic covering approved by the City depicting scenic imagery such as
vegetation, which blends with the surrounding 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 information and
documentation:
(1) the name of the applicant under which it will transact business in the City and,
if different, in the State of Florida; and
18W)04259-6
(2) 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,
address, electronic mail address and telephone number of the applicant's
national headquarters and its registered agent in Florida; and
(3) the name, address, electronic mail address and telephone number of the
applicant's primary contact person and the person to contact in case of an
emergency; and
(4) for Registrations submitted on or after December 12, 2017, a copy of both the
applicant's resale certificate and certificate of registration issued by the Florida
Department of Revenue to engage in the business of providing
Communications Services in the State of Florida; and
(5) a copy of the applicant's certificate of authorization, public convenience and
necessity or other similar certification issued by the Florida Public Service
Commission; and
(6) the number of the applicant's certificate of authorization or license to provide
Communications Services issued by the Florida Public Service Commission,
the Department, the FCC, or other Federal authority, if any; and
(7) for an applicant that is a Pass-through Provider, in lieu of paragraphs (5), (6)
and (7) above, the applicant shall provide a certified copy of the certificate or
license issued by the Florida Department of State, or other appropriate state
agency or department, authorizing the company to do business in the State of
Florida; and
(8) evidence of the applicant's insurance coverage as required under this Article.
(b) The City shall review the information submitted by the applicant. Such review shall be
by the City Manager or his designee. If it is found that the applicant complies with the requirements
in subsection (a) above, the Registration shall be effective and the City shall notify the applicant of
the effectiveness of Registration in writing. If the City determines that the applicant is not in
compliance, the City shall notify the applicant in writing of the non -effectiveness and denial of
Registration and the reasons therefor. The City shall so reply to an applicant within thirty (30) days
after receipt of the Registration and required information from the applicant. Non -effectiveness and
denial of Registration shall not preclude an applicant from reapplying or filing subsequent
applications for Registration under the provisions of this Section.
(c) An effective Registration does not, and shall not be construed to, convey equitable or
legal title in the Public Rights of Way to any Communications Services Provider. Registration under
this Section governs only the placement or maintenance of a Communications System or
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
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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 from 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 Registration 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 information in the then -existing Registration has changed, the renewal may state that no
information has changed. Failure to renew a Registration may result in the City restricting the
issuance of additional Development Permits until the Communications Services Provider has
complied with the Registration 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 Permit. Notwithstanding an effective Registration, all permitting requirements shall apply,
including the requirement to pay for any such permits unless otherwise provided by resolution or
ordinance of the City. A permit may be obtained by or on behalf of the Communications Services
Provider having an effective Registration if all permitting requirements of the City and other
provisions of this Article are met.
(h) A reseller, which by definition does not place or maintain Communications Facilities
in the Public Rights of Way, is not required to Register with the City; provided, however, within
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thirty (30) days of any Registered Communications Services Provider using its Facilities to carry the
Communication Services of any reseller, shall notify the City of the name and address of such
reseller. Any such reseller does not have any right, claim or cause of action to impede the lawful
exercise of the City's rights or police powers, including but not limited to, requiring the Registered
Communications Services Provider to remove such Facilities from the Public Rights of Way.
Section 19-34. Notice of Transfer, Sale or Assignment of Assets.
If a Communications Services Provider transfers, sells or assigns its System or any Facilities
located in the Public Rights of Way incident to a transfer, sale or assignment of the Communications
Services Provider's assets, the transferee, buyer or assignee shall be obligated to comply with the
provisions set forth in this Article. Written notice of any such transfer, sale or assignment shall be
provided by the Communications Services Provider to the City within thirty (30) days after the
effective date of such transfer, sale or assignment. If the transferee, buyer or assignee is not currently
Registered with the City, then the transferee, buyer or assignee must Register as provided in § 19-33
within sixty (60) days of the effective date of such transfer, sale or assignment. If any applications for
Development Permits are pending under the Communications Services Provider's name as of the date
the City receives written notice of the transfer, sale or assignment, then the City shall consider the
transferee, buyer or assignee as the new applicant unless otherwise notified by the Communications
Services Provider, provided the transferee, buyer or assignee is properly Registered with the City.
Section 19-35. Rules, Regulations and General Conditions to Placement of and Use of
Communications Systems and Facilities and Utility Poles in the Public Right of Way.
As a condition of allowing the placement or maintenance of a Communications System or any
Communications Facility or a Utility Pole in the Public Rights of Way, and under additional authority
granted pursuant to Chapter 337, Florida Statutes, the City hereby imposes the following rules,
regulations and general conditions. Unless otherwise provided in this Article III, these rules,
regulations and general conditions shall apply to all Communications Services Providers, including
those that are Pass-through Providers irrespective of whether they place and maintain only conduit,
dark fiber or Pass -Through Facilities in the City.
(a) Rules on Utilization of the Public Rights of Way.
(1) Compliance with Laws. A Communications Services Provider shall at all times
be in full compliance with and abide by all applicable Federal, State and local
laws, codes and regulations in placing or maintaining a Communications
System and Facilities and Utility Poles in the Public Rights of Way.
(2) Due Care. A Communications Services Provider shall use and exercise due
caution, care and skill in performing work in the Public Rights of Way and
shall take all reasonable steps to safeguard work site areas.
(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
2 100904259-6
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 19-20) 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 Department 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 amended 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 Earth or similar
application may be used where areas of shading occur due to
overhead canopy. GPS coordinates shall be provided in decimal
degrees at a six (6) decimal point precision;
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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.
b. 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).
c. 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.
d. 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.
e. 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.
f. Timetable for Construction or installation. The timetable for construction,
placement or maintenance of the proposed Facility or Utility Pole or each
phase thereof.
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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.
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 finds 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 timeframes. An application for a permit for an At -grade Facility,
Below -grade Facility, Wireline Facility or Utility Pole not intended to support the Collocation of
Small Wireless Facilities in the Public Rights of Way shall be reviewed by the City as follows:
(1) Notice of application deficiency. Within thirty (30) days after the date of filing
an application, the City Manager or his designee shall determine whether the
application is complete. If an application is deemed incomplete, the City
Manager of his designee shall notify the applicant by electronic mail and
specifically identify the missing information.
2400904259-e
(2) Application review period. Within sixty (60) days after the date of filing an
application, the City Manager or his designee shall approve or deny the
application.
(3) Notice of denial; resubmission. Should the application be denied, the City
Manager or his designee shall notify the applicant by electronic mail and
specify the basis for denial, including the specific code provisions on which the
denial is based. The applicant may cure the deficiencies identified by the City
Manager or his designee and resubmit the application within thirty (30) days
after the notice of denial is sent. The City Manager or his designee shall
approve or deny the revised application within thirty (30) days after the date of
filing the revised application. A denial of a permit may be appealed pursuant to
Section 19-40.
(4) Repurposed Structures and Utility Poles intended to support the Collocation of
Small Wireless Facilities. An application for a Repurposed Structure or Utility
Pole intended to support the Collocation of Small Wireless Facilities shall be
reviewed by the City pursuant to the application review timeframes set forth in
Section 19-37.2.
(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.
Section 19-36. At -grade Facility, Below -Grade Facility, Wireline Facility, and Utility Pole
Permit Conditions.
(a) At -grade Facilities, Below -grade Facilities, Wireline Facilities, and Utility Poles, may
be placed and maintained within the Public Rights of Way subject to the City's consideration of the
following standards and minimum requirements:
(1) Sufficiency of space to accommodate present and pending applications for use
of the Public Rights of Way. The sufficiency of space to accommodate all of
the present and pending applications to place other Communications Facilities,
Utility Poles, Utilities, and other structures within the subject area of the Public
Rights of Way;
(2) Sufficiency of space to accommodate the need for projected public
improvements. The sufficiency of space to accommodate budgeted City plans
for public improvements or projects adopted as part of the Atlantic Beach
Capital Improvements Schedule or other approved capital improvements lists
as part of the Atlantic Beach Comprehensive Plan;
(3) Impact on traffic and traffic and pedestrian safety. The impact on traffic and
traffic and pedestrian safety. Such impact evaluation will include, without
limitation, potential traffic and pedestrian interference, interference with the
2500904259-6
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 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.
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.
(e) The following additional general permit conditions shall apply:
(1) 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 construction, the Communications
Services Provider shall promptly submit revised plans and drawings to the City
Manager or his designee.
(2) 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 term as described in the Permit. The
City's issuance of a Development Permit shall not be construed as a warranty
that the placement of any Communications Facility is in compliance with
applicable codes, regulations or laws.
(3) 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 perform the placement or maintenance of Facilities in the Public
Rights of Way and shall be responsible for making sure that such contractor
2600904259-6
meets and complies fully with the rules, regulations and general conditions set
forth in this Article.
(4) Provision and Form of Record Drawings and As -Built Surveys. Within forty
five (45) days after completion of any placement or maintenance of a
Communications Facility in the Public Rights of Way, the Communications
Services Provider shall provide the City with Record Drawings showing the
final location of such Facility in the Public Rights of Way. The
Communications Services Provider shall also provide the City with As -Built
Surveys within forty five (45) days after completion of any placement or
maintenance of a Communications Facility in the Public Rights of Way. The
Record Drawings and As -Built Surveys shall be provided to the City at no cost.
(5) Production and Filing of As-Builts. Every Communications Services Provider
that is Registered with the City shall produce and keep on file at its principal
place of business an accurate and complete set of As-Builts of all Facilities
placed and maintained in the Public Rights of Way. The location and
identification of Facilities and the production of As-Builts shall be at the sole
expense of the Communications Services Provider. Within thirty (30) days of
completion of As-Builts, the Communications Services Provider must provide
to the City, at no cost, copies of complete sets of As-Builts for the indicated
Public Rights of Way. The failure of the Communications Services Provider to
produce, keep on file, or provide to the City As-Builts as required is sufficient
grounds for the City to deny the issuance of Development Permits in the future.
(6) Removal of Facilities Placed Without Permit. Any Communications Facilities
placed in the Public Rights of Way by the Communications Services Provider
without first having obtained the required Development Permits shall be
removed within thirty (30) days of written notice from the City to remove the
same, and if not timely removed in compliance with such notice, such
Facilities may be removed by order of the City Manager or his designee and
the cost of removal shall be borne and paid by the Communications Services
Provider upon demand.
(7) Sunshine State One -Call. Every Communications Services Provider shall
utilize, and if permissible, maintain membership in the utility notification one
call system administered by Sunshine State One -Call of Florida, Inc.
(8) Safety and Minimal Interference. All placement and maintenance of
Communication Facilities in the Public Rights of Way shall be subject to the
City Code and other regulations of the City pertaining thereto, and shall be
performed with the least possible interference with the use and appearance of
the Public Rights of Way and the rights and reasonable convenience of the
property owners who abut or adjoin the Public Rights of Way and in
compliance with the rules and regulations of the Florida Department of
Transportation. The Communications Services Provider shall at all times
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employ reasonable care and use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage or injury 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 encouraged, and should be employed wherever and whenever feasible.
(9) Correction of Harmful Conditions. If, at any time, the City or other authority of
competent jurisdiction 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 determined 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.
(10) Remedy of Hazardous Conditions. If, at any time, a condition exists that the
City or other authority of competent jurisdiction 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 jurisdiction 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 perform 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 recourse 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 performed, such temporary relocation or shut off until
the condition has been remedied with the total cost being charged to and paid
for by the Communications Services Provider upon demand.
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(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 particular 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 charges 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 particular Communications
Facility is interfering with the signals or facilities of the Atlantic Beach
Police Department, 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 charged to the Communications Services Provider.
(13) Temporary Raising or Lowering of Facilities. A Communications Services
Provider, upon request of any Person holding a validly issued building or
moving permit from the City to temporarily encroach on or perform moving
operations in or across the Public Rights of Way, shall temporarily raise or
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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 permit 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 of houses 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 determined 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 parties 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 particular 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
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permitted to perform any placement or maintenance of Facilities in those
segments of the Public Rights of Way where there exists vacant or available
conduit, dark fiber or surplus fiber owned by the City, an agency of the City or
another governmental body which is or, through a reasonable amount of effort
and expense, can be made compatible with the Communications Services
Provider's System or network. Under such circumstances the Communications
Services Provider shall have the opportunity to enter into a use agreement or
lease arrangement with the City or an agency of the City at or below
reasonable and prevailing market rates for such conduit or fiber or, where
owned by another governmental body, shall, in good faith, first exhaust all
means of obtaining use of such conduit or fiber before applying for an
Development Permit from the City.
(16) City Not Liable. Except for acts of willful misconduct or gross negligence and
to the extent permitted by applicable law, neither the City nor its officials,
boards, councils, consultants, agents, employees or independent contractors
shall have any liability to the Communications Services Provider for any
claims for any damages, costs, expenses or losses resulting from the City's
breakage, removal, alteration or relocation of any Facilities of any
Communications Services Provider which arose out of or in connection with
any emergency or disaster situation or was, in the sole discretion of the City
Manager or his designee, deemed necessary to facilitate any public works
project, public improvement, alteration of a City structure, change in the grade
or line of any Public Rights of Way, or the elimination, abandonment or
closure of any Public Rights of Way or was found by City Commission to be in
the best interest of the health, safety or general welfare of the public; nor shall
any charge be made by the Communications Services Provider against the City
for any damages, costs, expenses or losses related thereto.
(17) No Exemption from Permits. Nothing in this Chapter shall exempt any
Communications Services Provider from obtaining Development Permits for
work done within the Public Rights of Way.
(18) Subject to Police Powers. The rights of the Communications Services Provider
shall be subject to all lawful exercise of police power by the City, and to such
other reasonable regulation of the Public Rights of Way as the City shall
hereafter by resolution or ordinance provide in the interest of the health, safety
and general welfare of the public. Any inconsistency or ambiguity between the
provisions of this Chapter 19 and any lawful exercise of the City's police
power shall be resolved in favor of the latter.
(19) City Inspection. The City shall have the right to make such inspections of a
Communications System or Facilities placed or maintained in the Public Rights
of Way as it finds necessary to ensure compliance with this Chapter. This
Chapter shall not be construed to create or hold the City responsible or liable
for any damage to persons or property by reason of any inspection by the City
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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 warranties or representations
regarding the availability of any acquired, added, vacated or abandoned Public
Rights of Way for a Communications System or Facility.
(23) Annexations. Upon the annexation of any territory to the City of Atlantic
Beach, the provisions of this Article III, Chapter 19 and the rules, regulations
and general conditions contained herein shall extend to the territories so
annexed; and all Facilities placed, maintained, owned or operated by any
Communications Services Provider extending into or already located in the
Public 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.
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Section 19-36.1. Objective Design Standards
(a) Intent and purpose. At -grade Facilities, Below -grade Facilities, Wireline Facilities,
and Utility Poles shall be designed in such a manner to ensure such Facilities and Utility Poles 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. As used in this Section, the term Facility shall be used to
collectively refer to At -grade Facilities, Below -grade Facilities, and Wireline Facilities. The
following design standards shall apply, unless waived pursuant to Section 19-36.2.
(b) Stealth design. Utility Poles shall be made of substantially the same material, color,
and design, including diameter, as other Utility Poles within the same Public Rights of Way;
however, a Utility Pole made of a steel, concrete, or fiberglass, and black or gray in color, shall not
require a waiver if the Utility Poles within the same Public Rights of Way are wood. A Repurposed
Structure shall be of substantially similar design, including diameter, material, and color of the
Existing Structure being replaced by the Repurposed Structure. The Repurposed Structure shall be
located in approximately the same location as the Existing Structure. The Repurposed Structure shall
continue to serve its primary function. If the City has a planned project to replace Utility Poles in the
same Public Rights of Way, the Repurposed Structure shall conform to the City's updated design,
material, and color.
(c) Concealment. The following concealment standards shall apply to proposed Facilities
and Utility Poles.
(1) Signage shall not be placed or maintained on any Facility or Utility Pole within
the Public Rights of Way, unless otherwise required by State or federal laws or
regulations, or as permitted by the City; provided however, that Existing
Structures that lawfully supported signage before being repurposed may
continue to support signage as otherwise permitted by law.
(2) A Facility or Utility Pole shall not have any type of lighted signal, lights, or
illuminations unless required by an applicable State or federal laws or
regulations, or as permitted by the City.
(3) At -grade Facilities shall be located in areas with existing foliage or other
aesthetic features to obscure the view of the At -grade Facility or shall be
designed to appear similar to other At -grade Facilities in the same Public
Rights of Way. 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 19-36.2. Wraps shall be maintained by the applicant such that the wrap
does not peel or significantly fade.
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(d) Maximum height restrictions. The height of a Utility Pole, including without limitation
any Utility Pole intended to support the Collocation of Small Wireless Facilities, is limited to the
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. If there is no Utility Pole
within five hundred (500) feet, the Utility Pole 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 from principal structures 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 permitted
within the Public Rights of Way to increase signal strength or provide a line -
of -sight.
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(8) Prohibition against Placement in violation of OSHA or NESC rules and
regulations. At -grade Facilities, Below -grade Facilities, Wireline Facilities,
and Utility Poles 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.
(9) Wireless Facilities may not be located on Utility Poles twelve (12) feet or less
in height above grade, unless incorporated within the Utility Pole under a top
mounted street light. On wood Utility Poles, said Facilities must be flush -
mounted.
Section 19-36.2. Waiver of the Objective Design Standards for At -grade Facilities, Below -grade
Facilities, Wireline Facilities, and Utility Poles.
(a) The waiver provisions listed in this subsection apply in those circumstances where a
Provider's use of the Public Rights of Way is impaired by strict application of the requirements of
this Article. Objective design standards provided in Section 19-36.1 may be waived by the City
Manager or his designee.
(b) A request for a waiver shall be filed contemporaneously with the permit 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 the following information:
(1) A detailed explanation, with supporting engineering or other data, as to why a
waiver from the requirements of this Article is required, including a detailed
explanation addressing the relevant criteria to be considered by the City
Manager or his designee as provided in subsection (c);
(2) Design of the proposed At -grade Facility or Utility Pole, with particular
reference to achieving compatibility with the Surrounding Neighborhood and
eliminating adverse visual impacts on the Surrounding Neighborhood; and
(3) Any other information the City Manager or his designee may reasonably
require to process the request for waiver.
(c) The City Manager or his designee shall consider the following criteria when
determining whether to grant or deny a permit:
(1) Any special conditions and circumstances affecting the proposed site which
prevent compliance with the Section or subsection for which a waiver is being
sought;
(2) The compatibility of the proposed waiver Communications Facility or Utility
Pole with Adjacent Properties and the Surrounding Neighborhood;
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(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 are utilized only on an internal, non-commercial 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 Infrastructure 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 Article III, only the following Wireless Facilities
may be Placed or Maintained within the Public Rights of Way:
(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.
(b) Wireless Support Structures are not permitted within the Public Rights of Way.
3600904259-0
(c) Wireless Facilities shall not be permitted in the Public Rights of Way except as
permitted in this Section, unless otherwise permitted by applicable State or federal laws or regulation.
(d) The approval of the installation, construction, placement, maintenance, or operation of
a Small Wireless Facility pursuant to this Section does not authorize the provision of any voice, data,
or video communications services or the installation, placement, maintenance, or operation of any
Communications Facilities other than Small Wireless Facilities in the Public Rights of Way.
Section 19-37.2. Permit Requirements; Application; Review Timeframes.
(a) Permit Required. A Registrant shall not commence to place or maintain a Wireless
Facility in the Public Rights of Way until all applicable permits have been issued by the City, except
for Limited Work as provided in subsection (b), unless otherwise authorized by applicable codes or
State or federal laws or regulations. A Registrant may submit a consolidated permit application and
receive a single Permit for the collocation of up to thirty (30) Small Wireless Facilities. The
Registrant acknowledges that as a condition of granting permits, the City may impose reasonable
conditions governing the placement or maintenance of a Wireless Facility in the Public Rights of
Way as set forth in Section 337.401, F.S., as amended. Permits shall apply only to the areas of the
Public Rights of Way specifically identified in the permit.
(b) Permit Not Required.
(1) A Registrant shall be allowed to perform Limited Work within the Public
Rights of Way without first obtaining a Permit if such proposed Limited Work
does not involve excavation or the closure of a vehicle lane. As used in this
section, the term Limited Work shall mean:
a. Routine maintenance;
b. Replacement of an existing Wireless Facility with a Wireless Facility that
is substantially similar or of the same or smaller size; or
C. Installation, Placement, Maintenance, or replacement of a Micro Wireless
Facility that is suspended on cable strung between Existing Structures in
compliance with applicable codes by or for a properly Registered
Communications Services Provider.
(2) Prior to performing any Limited Work, a Registrant shall provide reasonable
advance written notice to the City identifying the areas where such
maintenance will occur, scope of maintenance, date(s) and duration of work to
be performed. If any Limited Work requires the closure of a vehicle lane, a
lane closure permit shall be required.
(3) A Registrant shall be allowed to perform emergency maintenance within the
Public Rights of Way without first obtaining a permit. However, a Registrant
shall provide prompt notice to the City of the emergency maintenance and,
within fifteen (15) days of completing the emergency maintenance, apply for a
permit in accordance with subsection (d) herein if such activity required a
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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 Work 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 permit 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)(1);
b. The type of structure intended to support the Small Wireless Facility,
such as an Existing Structure, Repurposed Structure, or Utility Pole
intended to support the Collocation of the Small Wireless Facility,
including supporting documentation that the structure can support 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,
trees, 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 of the 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 Earth or similar application may be used
where areas 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 demonstrating compliance with the Florida Building
Code and other applicable codes, including but not limited to sight lines
or clear zone standards and specifications for transportation, pedestrians,
and public safety as provided in the Florida Department of Transportation
Plans Preparation Manual, Florida Department of Transportation Manual
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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 19-37.4(b).
(5) Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, if applicable, to accommodate placement or
maintenance of the 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 Works Director determines such
estimated costs are not representative of the actual costs of the restoration of
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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 airport airspace
protections.
(e) Application review timeframes. An application for a permit for a Small Wireless
Facility, Repurposed Structure and Utility Pole intended to support the Collocation of Small Wireless
Facilities within the Public Rights of Way shall be reviewed by the City as follows:
(1) Notice of application deficiency. Within fourteen (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 his designee shall
notify the applicant by electronic mail and specifically identify the missing
information. An application shall be deemed complete if the City Manager or
his designee fails to notify the Applicant otherwise within fourteen (14) days
after the date of filing the application.
(2) Request for alternative location. Within fourteen (14) days after the date of
filing the application for Collocation of a Small Wireless Facility, the City
Manager or his 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 support the
Collocation of Small Wireless Facilities. The City and applicant may negotiate
the alternative location, including objective design standards and reasonable
spacing requirements for ground -mounted equipment for thirty (30) days after
the City submits the request. The applicant shall notify the City of its
acceptance or rejection within this thirty (30) day negotiating period. If the
applicant accepts the alternative location, the application shall be deemed
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granted for the agreed-upon alternative location and all other locations in the
application. If the requested alternative location is rejected by the applicant, the
City Manager or his designee shall approve or deny the original application
within ninety (90) days after the date the application was filed.
(3) Application review period. Within sixty (60) days after the date of filing an
application for the Collocation of a Small Wireless Facility, the City Manager
or his designee shall approve or deny the application. If the City Manager or
his designee does not submit a request for an alternate location as provided in
subsection (2), the City Manager or his designee and the applicant may
mutually agree to extend the sixty (60) day application review period.
(4) Notice of denial, resubmission. Should the application be denied, the City
Manager or his designee shall notify the applicant by electronic mail on the
day the application is denied and specify in writing the basis for denial,
including the specific Code provisions on which the denial is based. The
applicant may cure the deficiencies identified by the City Manager or his
designee and resubmit the application within thirty (30) days after the notice of
denial is sent. The City Manager or his designee shall approve or deny the
revised application within thirty (30) days after the date of filing the
application. Any subsequent review shall be limited to the deficiencies cited in
the notice of denial. A denial of a permit may be appealed pursuant to Section
19-40.
(5) Consolidated Permit Applications. The City may separately address each
proposed Collocated Small Wireless Facility for which incomplete information
has been received or which are denied.
(6) Deemed approved. Prior to commencing construction, a person with a deemed
approved permit must be registered pursuant to Section 19-33 and must file a
performance bond and construction bond with the City pursuant to this Article.
Section 19-37.3. Small Wireless Facility Collocation Permit Conditions.
(a) The City Manager or his designee may deny a proposed Collocation of a Small
Wireless Facility in the Public Rights of Way if the proposed Collocation:
(1) Materially interferes with the safe operation of traffic control equipment;
(2) Materially interferes with sight lines or clear zone standards and specifications
for transportation, pedestrians, or public safety purposes as provided in the
Florida Department of Transportation Plans Preparation Manual, Florida
Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (the Florida
Greenbook), and/or the Florida Department of Transportation Design
Standards, as amended;
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(3) Materially interferes 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 Department of
Transportation Utility Accommodation 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) Preferred stealth design option 1: Wires, cables and equipment to be placed on
a Utility Pole shall be within the Utility Pole, or covered with a Shroud or
conduit that is similar to the Utility Pole color; the use of a slim design wherein
the top mounted Antenna does not exceed the diameter of the supporting
Utility Pole by more than six (6) inches on any side at the level of the Antenna
attachment and side -mounted enclosures, if any, do not extend more than thirty
(30) inches beyond the exterior dimensions of the supporting Utility Pole
measured from the edge of the Utility Pole to the outermost surface of the side -
mounted enclosure.
(2) Preferred stealth design option 2: Wires, cables and equipment to be collocated
on a Utility Pole shall be placed within the Utility Pole, or covered with a
Shroud or conduit that is similar to the Utility Pole color; and the use of a street
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light fixture to camouflage the Small Wireless Facility. All street light fixtures
shall be maintained in good working order by 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 friendly lighting.
(3) Preferred stealth design option 3: Wires, cables and equipment to be collocated
on a Utility Pole shall be within the Utility Pole or covered with a Shroud or
conduit that is similar to the Utility Pole color; 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 (10) 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 further 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 (10) feet above the Existing Structure, Repurposed Structure or Utility
Pole upon which the Small Wireless Facility is to be collocated.
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(e) Location context. The following location context standards shall apply to proposed
Small Wireless Facilities.
(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 permit 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
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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.
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 make-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 year. 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:
4500904259-e
(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;
(b) a misrepresentation or fraud made or committed on the part 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 certification 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
Way 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 termination 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 pertinent to
the proposed termination, including which of (1) through (4) above is applicable as the reason
therefore. The Communications Services Provider shall have thirty (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 terminate Registration. A final
determination to terminate Registration may be appealed in accordance with the procedures set forth
in § 19-211.
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(c) In the event of termination, following any appeal period, the Communications Services
Provider formerly Registered shall
(1) notify the City of the assumption or anticipated assumption by another
registrant of ownership of the Communications 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 Communications Services Provider, to remove some or all of the
Communications 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 are 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
Communications Services Provider or another Person who owns or exercises physical control over
the Communications Facilities holds a valid certification or license with the governing 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 of the date of the written decision of the City Manager. The City Clerk
shall set the matter for hearing before the City Commission at any regular meeting of City
4700904259-6
Commission scheduled within forty five (45) days of the date that the notice of appeal is filed with
the City Clerk, unless waived by the Communications Services Provider. A ruling may be made at the
hearing or at the next regularly scheduled City Commission meeting and the Communications
Services Provider shall be notified of the decision in writing within thirty (30) days thereof. Where a
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 correction by the Communications Services Provider of the
circumstances that gave rise 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 municipalities from requiring providers of
Communications Services who have registered with the Florida Department of Revenue from having
to enter into franchise agreements or license arrangements 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 arrangement with the City as a condition to placing or
maintaining Communications Facilities in the Public Rights of Way, nor is a dealer required to make
payment of any franchise 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 Through Facilities. A Communications 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 supporting 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 referred 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 correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the City may have for additional sums due and
payable or authorization to install any facilities in the Public Rights of Way.
(c) Other Persons. All other Persons, except Government, 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.
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(d) Government. A government entity is not required to pay the City consideration for the
use or occupancy of the Public Rights of Way for the placement or maintenance of Communications
Facilities, unless such Facilities are being used by such government entity or a Communications
Services Provider, including Resellers, to offer or provide Communication Services other than for
such Government's internal non-commercial use, in which event the government entity is required to
pay the City, as consideration for the use or occupancy of the Public Rights of Way by or through its
Facilities placed therein after December 12, 2017, an amount based on and in accordance with § 19-
41(b), City Code. or such other amount or rate of compensation as mutually agreed to in writing by
the government entity and the City.
Section 19-42. Existing Communications Facility.
A Communications Services Provider with a Facility in the Public Rights of Way as of the
effective date of this Chapter 19 has until February 1, 2018 to comply with the provisions of this
Chapter, including, but not limited to, Registration, or be in violation thereof.
Section 19-43. Insurance.
(a) At all times during the use or occupancy of the Public Rights of Way, including any
time during placement or maintenance of Communications Facilities, the Communications Services
Provider shall obtain, pay all premiums for, and maintain satisfactory to the City the types of
insurance policies and coverage limits described in this § 19-43. Nothing contained in this Chapter
shall limit a Communications Services Provider's liability to the City to the limits of insurance
certified or carried.
(1) Commercial general liability insurance valid in the State of Florida, including
contractual liability and products completed operations liability coverage on an
occurrence basis, which policy limit shall be in an amount not less than One
Million Dollars ($1,000,000) per occurrence, combined single limit, for bodily
injury, personal injury or death, or property damage and in an amount not less
than Two Million Dollars ($2,000,000) policy aggregate for each personal
injury liability, broad form property damage (without XCU exclusions),
contractual liability and products -completed operations liability.
(2) Business automobile liability insurance valid in the State of Florida which
policy limit shall be in an amount not less than One Million Dollars
($1,000,000) combined single limit, including bodily injury and property
damage covering owned, leased, hired and nori-owner vehicles.
(3) Workers' Compensation valid in the State of Florida which policy limit shall be
in an amount not less than the Statutory limit for Workers' Compensation.
(4) Employer's liability insurance valid in the State of Florida which policy limit
shall be in an amount not less than One Million Dollars ($1,000,000) each
accident for employer's liability.
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(b) All insurance providers used shall be admitted and duly authorized to do business in
the State of Florida and shall have assigned by A. M. Best Company a minimum Financial Strength
Rating of "A" and a minimum Financial Size Category of "IX" (i.e., a size of $250,000,000 to
$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 furnish annually to the City certificates 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 occurrence or aggregate limits set forth 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
Permits 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
Communications Services Provider shall file and maintain with the City on an annual basis the
required Certificate(s) of Insurance. The Certificate(s) of Insurance must indicate the following:
(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 "pertains to the requirements of Section 19-43 of the Atlantic Beach
Communications Facilities in Public Rights of Way Ordinance;" 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
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does possess shall be considered excess insurance only and shall not be
required to contribute with this insurance.
(d) Under extraordinary circumstances a Communications Services Provider may satisfy
the insurance requirements of this Chapter by providing documentation of self-insurance that, in the
sole discretion of the Director of Human Resources and Risk Management, demonstrates
incontrovertibly the adequacy to defend and cover claims of any nature that might arise from the
placement and maintenance of Facilities in the Public Rights of Way. The Communications Services
Provider must be authorized as a self -insurer by the Department of Insurance under the laws of the
State of Florida.
Section 19-44. Indemnification.
(a) Except with respect to the willful misconduct, negligence or gross negligence of the
City, a Communications Services Provider, by act of Registering with the City as such, shall be
obligated, at its sole cost and expense, to defend, indemnify and hold harmless the City, its officials,
officers, Commissioners, agents and employees from and against any and all claims, suits, causes of
action, proceedings, liabilities and judgments for damages or equitable relief, and costs and expenses
arising out of or in connection with the placement or maintenance of its Communications Facilities or
Utility Poles in the Public Rights of Way by the Communications Services Provider or its agent or
hired contractor. This indemnification provision shall include, but not be limited to, such damages
and penalties arising out of claims (1) by any Person whatsoever on account of (a) bodily injury to a
person or persons, (b) death of a person or persons or (c) property damage, where any of the
foregoing is occasioned by the operations of the Communications Services Provider, or alleged to
have been so caused or occurred or (2) involving the Communications Services Provider's violation
of any easement or private property rights.
(b) Nothing in this Section shall prohibit the City from participating in the defense of any
litigation by its own counsel if in the City's reasonable belief there exists or may exist a conflict,
potential conflict or appearance of a conflict.
(c) Indemnified costs and expenses shall include, but not be limited to, all out-of-pocket
expenses and reasonable attorneys' fees in defending against any such claim, suit or proceeding, and
shall also include the reasonable value of any services rendered by the City Attorney or his assistants
or any consultants, agents and employees of the City. The City will attempt to notify the
Communications Services Provider, in writing, within a reasonable time of the City's receiving notice
of any issue it determines may require indemnification.
(d) Nothing contained in this section shall be construed or interpreted: (1) as denying the
City, the Communications Services Provider or any Person any remedy or defense available to them
under the laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond the waiver
provided in § 768.28, Florida Statutes, as it may be amended.
(e) The indemnification requirements shall survive and be in effect after the termination
or cancellation of a Registration.
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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 Services
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
of Insurance 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 make such restoration to the City's satisfaction or causes damage to the
Rights of Way during construction. The performance bond must name the City as obligee, and be
conditioned upon the full and faithful compliance by the registrant, with all requirements, duties, and
obligations imposed by the permit and provisions of this Article, during and through completion of
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the proposed placement and/or maintenance activity(-ies). The performance bond shall be in a form
acceptable to the City Attorney and must be issued by a surety having an A.M. Best A -Class VII
rating or better and duly authorized to conduct business in the state of Florida.
(b) The performance bond shall be in the face amount of the estimated costs of the
restoration of the Rights of Way, but in no event shall be less than two thousand five hundred dollars
($2,500.00). For a consolidated SWFC application, when allowed under this Chapter, the registrant
shall provide a performance bond in the amount of the total costs of the restoration of the Rights of
Way for all wireless communication facilities requested to be collocated on an existing structure
within the Rights of Way, but in no event shall be less than five thousand dollars ($5,000.00).
(c) The performance bond must be issued as non -cancelable and be for a term of not less
than ninety (90) days after the anticipated date of completion of construction, restoration, and City
inspection. In the event the term of any construction bond expires, or is reasonably expected to
expire, prior to ninety (90) days after the completion of construction, restoration, and City inspection,
the registrant shall immediately obtain, pay for, and file with the City, a replacement performance
bond.
(d) The City's right to recover under the performance bond shall be in addition to all other
rights of the City, whether reserved in this Article, or authorized by other law, and no action,
proceeding, or exercise of a right, with respect to the performance bond, will affect or preclude any
other right the City may have. Any proceeds recovered under the performance bond may be used to
reimburse the City for such additional expenses, as may be incurred by the City, as a result of the
failure of the registrant to comply with the responsibilities imposed by this Article, including but not
limited to, attorney's fees and costs of any action or proceeding."
Section 19-47. Enforcement Remedies.
(a) No provision of this Chapter shall be deemed to bar the right of the City to seek or
obtain judicial relief from a violation of any provisions of this Chapter, the Registration provisions, or
any rule, regulation or general condition provided for hereunder, whether administratively, judicially
or both. Neither the existence of other remedies identified in this Chapter nor the exercise thereof
shall be deemed to bar or otherwise limit the right of the City to recover fines, penalties or monetary
damages (except where liquidated damages are otherwise prescribed) for such violation by the
Communications Services Provider. The remedies available to the City shall be cumulative and in
addition to any other remedies provided by law or equity. The laws of the State of Florida shall
govern with respect to any proceeding in law or equity pertaining to the enforcement of this Chapter
or any cause of action arising out of or in connection herewith.
(b) A Communications Services Provider's failure to comply with provisions of this
Chapter shall constitute a City Code violation and shall subject the Communications Service Provider
to the code enforcement provisions and procedures as provided in Chapter 2, City Code, and may be
punishable as provided in § 162.22, Florida Statutes, as it may be amended.
(c) In any proceeding before the City Commission where there exists an issue with respect
to a Communications Services Provider's performance of its obligations pursuant to this Chapter, the
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Communications Services Provider shall be given the opportunity to provide such information as it
may have concerning its compliance with the terms and conditions of this Ordinance. The City may
find 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 further 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 by law.
(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 or removal of all or any portion of such
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abandoned Facility by the City or other Person, provided that the cost of the alteration or removal is
not borne by the Communications Services Provider.
Section 19-49. Reservation of Rights.
The City hereby expressly reserves all of the following rights:
(a) To exercise its municipal home rule powers, now or hereafter, to the fullest extent
allowed by law with regard to the access, use and regulation of the Public Rights of Way.
(b) To amend this Chapter as it shall find necessary in the lawful exercise of its municipal
authority.
(c) To adopt or enact by resolution or ordinance, in addition to the provisions contained
herein and in any existing applicable ordinances, such additional reasonable regulations as City
Commission finds necessary in the exercise of the City's police powers.
(d) To exercise the power of eminent domain, consistent with applicable federal and state
law, to acquire property that may include that property owned or leased by a Communications
Services Provider.
(e) As and when deemed necessary by City Commission to be in the interest of the City or
its residents, to abandon portions of the Public Rights of Way within the proper exercise of its
municipal authority and without notice to or the consent of any Communications Services Provider.
The City shall not be responsible for any costs, damages, loss or other expense to the
Communications Services Provider as a result of the City's abandonment of any Public Rights of
Way.
(f) To place and maintain, and franchise or permit to be placed or maintained, sewer, gas,
water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and
to do, and to permit to be done, any underground and overhead installation or improvement that may
be deemed necessary or proper by the City in the Public Rights of Way occupied by any
Communications Services Provider.
(g) Without limitation, the right to alter, change, or cause to be changed, the grading,
installation, relocation, or width of any Public Rights of Way within the City limits and within said
limits as the same may from time to time be altered.
(h) To require a reseller to Register in accordance with § 19-33 to the extent such Reseller
wants the right to place or maintain Facilities in the Public Rights of Way. Any Person using or
leasing Facilities owned by a Registered Communications Services Provider is not, therefore, entitled
to any rights to place or maintain Communications Facilities in the Public Rights of Way, unless such
person themselves Registers with the City.
SECTION 6. It is the intention of the City Commission and it is hereby ordained that the provisions
of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Atlantic
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Beach, Florida, and the publisher of the Code may renumber, reclassify or otherwise insert this
Ordinance in an appropriate place to accomplish such intention.
SECTION 7. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION 8. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to
be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and
removed from the remaining provisions of this Ordinance which shall remain in full force and intact.
SECTION 9. This ordinance shall take effect on December 11, 2017, and shall apply to all
applications filed on or after that date.
SECTION 10. Ordinance 80-17-87, establishing a temporary moratorium for the acceptance,
processing or approval of any wireless communication facilities in the City's rights of way through
December 31, 2017, is hereby repealed.
PASSED by the City Commission on first reading this 27th day of November, 2017.
PASSED by the City Commission on second and final reading this 11th day of December,
2017.
CITY OF LANTIIC BEACH
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Elen Glasser, Mayor
Attest:
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Donna L. Bartle, City Clerk
Approved as to form and correctness:
Br4Qna n, City Attorney
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