HomeMy WebLinkAbout16-022ORDINANCE NO. 16-022
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE -COUNTY-),
PROVIDING FOR POSTPONEMENT ON THE ACCEPTANCE OF
APPLICATIONS FOR, OR THE APPROVAL OF, PERMITS OR
DEVELOPMENT ORDERS FOR WIRELESS COMMUNICATIONS
FACILITIES WITHIN RIGHTS-OF-WAY DURING A SPECIFIED TERM;
PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION
OF ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE AND ADOPTION
WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners is authorized to adopt ordinances necessary for the exercise of its powers; and
WHEREAS, the Board of County Commissioners ("Board") has adopted the St. Lucie
County Comprehensive Plan within which are included goals, objectives, and policies related to
zoning and land development; and
WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these
goals, objectives and policies through the adoption of consistent Land Development
Regulations; and
WHEREAS, governmental rights-of-way have traditionally been utilized for, among
other uses, the placement of public and private utility systems and structures so as to facilitate
the delivery of utility services and maintenance of utility systems; and
WHEREAS, it is important to provide county staff with time to undertake a study of
appropriate distance separation requirements, appropriate locations and other regulations of
wireless communications facilities within rights-of-way; and
WHEREAS, a postponement on application for, or approval of, any permits or
development orders for wireless communications facilities within rights-of-way will maintain
the status quo during the course of the study and planning process; and
WHEREAS, the Board intends to limit the duration of this postponement to no more
than twelve (12) months; and
WHEREAS, new technologies in the provision of wireless communications services are
emerging, such as Distributed Antenna Systems (DAS) and "small cell' systems, which may
entail requests to place smaller and more numerous communication structures and/or facilities
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4263690 4110412017 09:30:51 AM ORDN
OR BOOK 3949 PAGE 1441. 1446 Doc TYPa
RECORDING: $52.50
in public rights-of-way in order to improve wireless connectivity and coverage; and
WHEREAS, the Code of Laws of St. Lucie County does not contemplate nor address
these new technologies that have developed in the rapidly changing telecommunications
industry, as traditionally these types of structures and facilities have not been installed in the
County's rights-of-way; and
WHEREAS, the Board of County Commissioners of St. Lucie County hereby finds that the
County's rights-of-way are a limited and vital resource which must be properly and safely
managed for current, as well as future, utility needs; and
WHEREAS, Section 704(a) of the Telecommunications Act of 1996, codified at 47 U.S.C.
§322(c)(7), preserves state and local authority over decisions concerning the placement,
construction, and modification of personal wireless service facilities, provided the regulations
do not unreasonably discriminate among providers of functionally equivalent services, and do
not prohibit, or have the effect of prohibiting, the provision of personal wireless services; and
WHEREAS, Section 337.401, Florida Statutes grants local governments the authority to
prescribe and enforce reasonable, non-discriminatory rules and regulations regarding the
placement of telephone, telegraph, or other communication service lines or poles within the
rights -of -ways; and
WHEREAS, the Board of County Commissioners deems it to be in the best interest of
the health, public safety, and welfare of the citizens and residents of the County to temporarily
cease the acceptance of applications for permits to place, construct or install wireless
communication structures and/or facilities in the County's rights-of-way; and
WHEREAS, a temporary cessation of the acceptance of applications for permits to place,
construct or install wireless communication structures and/or facilities in the County's rights-
of-way will enable the County's staff to properly study the regulatory requirements for such
structures and/or facilities;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida as follows:
Section 1. RECITALS ADOPTED.
Each of the recitals set forth above is hereby adopted and confirmed.
Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY.
A. For twelve (12) months following the adoption of this ordinance, or until an
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amendment to the Land Development Code is approved or denied, whichever occurs first, no
application for any permit or development order for a wireless communications facility within
right-of-way shall be accepted, nor shall any permit or development order be approved for a
wireless communications facility within right-of-way. Notwithstanding the above, in the event
the Board approves an amendment to the Land Development Code, the postponement shall
remain in effect until such time as the amendment becomes effective.
B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner
from the reasonable use of their land or from developing their land in accordance with the St.
Lucie County Comprehensive Plan.
C. The adoption of this ordinance is undertaken by the County in good faith and is
intended to further the goals of the St. Lucie County Comprehensive Plan and Chapter 163,
Florida Statutes, and is not intended to discriminate against those landowners which may be
subject to this ordinance.
D. The limited duration of this postponement has been established in order to
accomplish appropriate planning for future development through the St. Lucie County
Comprehensive Plan amendment process as described in Chapter 163, Part 11, Florida Statutes,
and the Comprehensive Plan.
Section 3. TERM OF THIS ORDINANCE.
The County shall move forward expeditiously with the development, adoption,
and implementation of the Regulations concerning wireless communication facilities. This
Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to
adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this
Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date
when the Regulations take effect, or three hundred thirty sixty-five (365) days after the date of
the adoption of this Ordinance, whichever occurs first, unless the term of this Ordinance is
extended by the Board. The Board may extend the term of this Ordinance for up to an
additional thirty (30) days by resolution, if the Board finds that the extension is necessary and
in the public interest.
Section 4. WAIVERS.
Notwithstanding the provisions in Section 2 above, an applicant for the
development of property within the unincorporated County may apply to the Board for a
waiver of the requirements in Section 2, above, so that the applicant's application may be
reviewed without delay. In such cases, the Board shall consider the request for a waiver at a
public meeting, which shall be held within 45 days after the County receives the applicant's
request. At the public meeting, the applicant shall have the burden of demonstrating to the
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Board's satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally
affect the preparation and implementation of the Regulations; (b) the proposed project will be
compatible with surrounding land uses; and (c) the proposed project will not adversely affect
the public health, safety or welfare. if the applicant carries its burden of proof, the Board may
grant a waiver and thus allow the applicant's application to be submitted, reviewed and
processed concurrently with the Regulations. However, a development order shall not be
issued for such application until the necessary comprehensive plan amendments are in effect
and the application is found to be consistent with adopted land development regulations.
Section S. VESTED RIGHTS.
A. Nothing in this Ordinance shall be construed or applied to abrogate the vested
right of a property owner to complete development where the property owner demonstrates
each of the following:
1. A government act of development approval was obtained prior to the
effective date of this Ordinance; and
2. The property owner has detrimentally relied, in good faith, on the
governmental approval by making a substantial change in position or incurring extensive
obligations and expenses; and
3. It would be highly inequitable to deny the property owner the right to
complete the development.
B. Any property owner claiming to have vested rights under this Section 5 must file
an application with the Board for a vested rights determination within 30 days after the
effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00
and shall contain a sworn statement as to the facts upon which the vested rights are asserted,
together with any documentary evidence supporting the claim. The Board shall hold a public
hearing on the application and, based upon the evidence submitted, shall make a
determination as to whether or not the property owner has established vested rights. To the
extent that a property owner demonstrates vested rights, the prohibitions established in
Section 2 of this Ordinance shall not apply.
Section 6. APPEALS.
Any appeal from a final decision by the Board under Section 4 or Section 5 of
this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th
Judicial Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate
Procedure for the review of the quasi-judicial rulings of local government agencies.
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Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES.
A property owner claiming that this Ordinance, as applied, constitutes or would
constitute a temporary or permanent taking of private property or an abrogation of vested
rights shall not pursue such claim in court unless he or she has first exhausted the
administrative remedies provided in this Ordinance.
Section 8. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of
St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
Section 9. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of
this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property, or circumstance, such holding shall not affect its applicability to any other
person, property, or circumstance.
Section 10. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie
County.
Section 11. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee,
Florida 32304.
Section 12. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Section 13. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
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Commissioner Chris Dzadovsky, Chairman
AYE
Commissioner Tod Mowery, Vice Chairman
AYE
Commissioner Linda Bartz
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Cathy Townsend
AYE
PASSED AND DULY ADOPTED this 20th day of December, 2016.
ATT ST:
Deputy Cleric
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE CO ,
BY:
Chair n
APPROVE"S TO FORM AND
CORRECTNOEtS:_
BY:
County A
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 3, 2017
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Angela Riggins
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 16-022, which was filed in this office on December 28,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us