HomeMy WebLinkAbout18-002ORDINANCE NO. 2018-002
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING CHAPTER 44,
ARTICLE I, SECTIONS 44-1 — 44-18, CREATING THE "ST. LUCIE COUNTY
COMMUNICATIONS RIGHTS-OF-WAY ORDINANCE" IN THE CODE OF
ORDINANCES; PROVIDING INTENT AND PURPOSE, APPLICABILITY AND
AUTHORITY TO IMPLEMENT; PROVIDING DEFINITIONS; PROVIDING FOR
REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY; PROVIDING REQUIREMENT
OF A PERMIT; PROVIDING APPLICATION REQUIREMENTS AND REVIEW
PROCEDURES; PROVIDING FORA PERFORMANCE BOND; PROVIDING FOR
CONSTRUCTION METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE
DESIGN STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING
ENFORCEMENT REMEDIES; AND AMENDING CHAPTER 44, ARTICLE 11,
SECTION 44-21 TO PROVIDE FOR CERTIFICATES OF FRANCHISE
AUTHORITY GRANTED BY THE FLORIDA DEPARTMENT OF STATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING AN EFFECTIVE DATE.
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, the Board of County Commissioners has determined that the following
amendments promote and protect the general health, safety and welfare of the residents of the
County by regulating the siting of communications facilities and utility poles for collocation of
communications facilities within the public rights-of-way; and,
WHEREAS, this Ordinance accommodates the growing needs and demand for
communications services; and,
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4437746 05!1812018 02:48:54 PM
OR BOOK 4134 PAGE 1546 - 1648 Doc Type: ORDN
RECORDING: $877.00
WHEREAS, this Ordinance seeks to address expressly new communications facilities and
technologies, while also protecting, preserving, and maintaining the public safety and aesthetic
characters of areas where such public rights-of-way exist; and,
WHEREAS, Section 337.401, Florida Statutes, addresses inter olio, the authority of local
governments to regulate the placement and maintenance of 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,
WHEREAS, Section 337.401(3)(8), 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, in 2017, Florida adopted the Advanced Wireless Infrastructure Deployment
Act, codified in Subsection 337.401(7), Florida Statutes ("the Act"), which became effective July
1, 2017; and
WHEREAS, the Act creates new requirements and allowances for local governments
relating to the installation of utility poles in the public rights-of-way to collocate small wireless
facilities, and the placement and maintenance of small wireless facilities and micro wireless
facilities in the public rights-of-way; and
WHEREAS, the Act provides that a local government may 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 replace 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, the Act also provides that a local government may adopt by ordinance
provisions 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 Board's intent to implement the Act; and
z
WHEREAS, Chapter 610, Florida Statutes, addresses the provision of cable and video
service in Florida, and provides in Section 610.102, that the Florida Department of State is the
franchising authority for a state -issued franchise for the provision of cable or video service and
that a municipality or county may not grant a new franchise for the provision of cable or video
service within its jurisdiction.
WHEREAS, Section 610.114(2), Florida Statutes, provides: "Notwithstanding any other
provision of law, a ... county may require the issuance of a permit in accordance with and subject
to s. 337.401 to a certificateholder that is placing and maintaining facilities in or on a public right-
of-way in the municipality or county. In accordance with s. 337.402, the permit may require the
permitholder to be responsible, at the permitholder's expense, for any damage resulting from
the issuance of such permit and for restoring the public right-of-way to its original condition
before installation of such facilities. The terms of the permit shall be consistent with construction
permits issued to other providers of communications services placing or maintaining
communications facilities in a public right-of-way."
WHEREAS, it is the Board's intent to exercise its authority over the placement and
maintenance of communications facilities in its rights-of-way to the full extent consistent with
applicable state and federal law; and,
WHEREAS, it is the Board'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 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 County's rights-of-way are essential for the travel of persons and the
transport of goods throughout the County and are a unique and physically limited resource
requiring proper management by the County in order to ensure public safety, maximize
efficiency, minimize costs to County 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, a duly noticed public hearing as required by law was held by the Board of
County Commissioners, at which public hearing all residents and interested persons were given
an opportunity to be heard; and
WHEREAS, the Board has reviewed the regulations set forth in this Ordinance and has
determined that such regulations are consistent with the County's plans.
3
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida as follows:
PART A. RECITALS ADOPTED.
Each of the recitals set forth above is hereby adopted and confirmed.
PART B. Chapter 44, Article II, of the St. Lucie County Code entitled "St. Lucie County
Cable Television Franchise Ordinance" is hereby amended as follows':
Sec. 44-20. - Intent and purpose
(a) While Chapter 610, Florida Statutes, is in effect, it is the intent of the Countv that
Chapter 610 shall govern the issuance of franchises for cable and video services
within the unincorporated areas of the County. 44-4"„ ;n+�+" +•..�
the pwpeso of this artiela isPFGFRete ub"e health, safety, and oeneel
Ia+ r.•„ f +l + +
and e� a rade n-�f� Ea�,� system within the �,�ry ,—G
pFevide far the regul-ati to the exte .+ r i.de d f.ar by law, of each cable steF..
by its cable system; te pFernete the wideSpFead availability of quality cable serviee
and prAgramm...b ire Eebnty Fesidents and businesses,the—eeusty,, and ethef
Publie—iRStitutianS; t6 eREewrage the develepmeRt of gable --@Rd ether
ether--Pablis in3t4-1-ltien5; tG PFE)mate competitive eable rates and -seFvice5; to
the eerAFRuRiEative peteRtial of streets used by r=able systems; and to enceurage
cable teen elo
Sec. 44-21. - Grant of authority; applicability
(b) A cable or video service provider that has been issued and holds a certificate of
franchise authority from the Florida Department of State may lace and maintain
a cable system in the County Public Rights -of -Way, subject to an effective County
registration and County permit as be required by the County Code.The -t
may g n+ n rr,nr.a fFaRE1995eSin aGGeFdaRee with this rtielr.
;`i Ne persen may GGAStFIAO OF epeFate -sable system Eransmissieafa alio seveF
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Language to be deleted is indicated by a strikethrough; language to be added is indicated by underline,
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(2) Fer renewal of a franchise:
$5,000.09.
.
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(6) FeF aRy etheF Fefsef: t:
The purpose Af the filin fee is to
defray the eeHpty's cest
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Sec. 44-22. Definitions.
For the purpose of this article, the definitions contained in Section 610.103, Florida
Statutes, shall applyfollowing teFFHS PhFa5es , Fds -,.,d thei.- deFi,,at Ans -;hall h-,,,,. the Fn
5„+ fE)Fth heFei. Words not otherwise defined therein or in anis franchise agreement that piigI,t
be granted hereunder shall be given the meaning set forth in the Communications Act of 1934,
as amended, 47 USC 151 et seq., and as that Act may hereinafter be amended, and, if not defined
therein, their common and ordinary meaning.
system,Gh-Plop-ell Me-aps any channel en a cable system set aside WithOUt GhaFge by the
Activeted c-h-oPP-PI Aqp--ARs these channels engiReered at the headend of a cable System fe
channel.to the headend for Fedis4ibutiep, it shall he referred te as an upstFeam
Appiieotien d-
(1) The term ri ii
aha,
. .......... ..
, Momm
MIN
part,
(2) A facility that serves only SUbSErib- er-s vuimtheut USiRo any Publie Fi hl ef way.
(3) A facility of a cernmen carrier, which is subject in whele er in
to the provisions E)
Title .11 Of the Act, except that such facihty will be eqnsidefed a Gabl-e
unless the extent of such use ms selely te provide iRteFaetive GIR demand servicels.
(4) An open video systern that complies with Section 65� E)f thp- Tp-lp-r--A-M..R21UlRicat'c)ns Act ef
I QQ(;
(5) ARY facilities of any electric utility used 5olely feF epeFatmRo its electric Utility systems.
Subject tG applocable law, the feFege!Rg defiRitien ef the term "cable System" shall not be
deemed te e'rcumseF'be the valid @UthOF4ty of the eeunty te regulate the activities ef any ether
eommwnieation5 system or provider of 15eFV*EeF,, iRGIUdiRo, but not limited ,
telepheRy and GpeR video systems.
Goble ser -Wee means�
(1) The one way N9 subscribers of video OF other pFegFaMM!Rg seFV!ee; and
(2) SubscFiber any, Which iS required fer the selection 9F --,-;P- ef widee
.,
as that Act
has and may horeipafrar ha map ;;pd
part,
(1) AR easement open for the use of a Gable opeFatE)F puFsuant to the
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!n5titutionGlRet"'ar-k Fneans a voice, data and/or
Ocleo corn munications
system ,
geReizally ava4ble only te, and iRteRded to be seRt
and Feeeived
by, persoris ether than cable
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plaGe, iRGlUldiRg
VAiGh thP- EOIARty
PUbliE utility easements deekeated for compatible uses, OF aRy ether pFepert, i—
holdS any kind of property interest OF ever Whieh the EIDURty exeFEmses aRy type
Of IaWfLAI EOntrol,
as may be ordinarily
and any temporary or permanent fixtures OF improvements located thereeR,
RecessaFy and peFtaReRt to GeRStF6lGt and Operate a cable system.
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Sec. 44-24. Reserved. Grant offrarirhises7 oval ,artr,n
Met -
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Sec. 44-24. Reserved. Grant offrarirhises7 oval ,artr,n
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(2) Public need feF 51-4eh frapre-hire, If any;
public;(3) The Gapacity of pubhe rights of way te aceemmedate the eable system;
(4) The pFeseRt and future use of the public's rights ef way to be used by the cab
systerni
(5) The poteRtial ddSFHptiOR to existing users Of the public's Fights of way to be u
aod
(8) SHch 9theF additioRal matteFs, beth pFeeediAral and substantive, as the board may
the pFopesal of the applicant will meet the @Rtieipated cable related needs and inter
.. — :9fitent of the pFegFamming the applicant proposes te prev
(e) The board shall held @ public heaFing tO GORsideF appl;C---;;t4-A.A--;. ThP- appimeantS S44
be notmfoed ef the hearing and shall be giVeR aR opportunity to be heard. Based upoR
appliGati9RS, the testiffleRy pFesented at the public heaFiRg, any recommendations of the
beaFd shall decide by Feselutien whetheF te gFaRt eF deny a franchise applicatiens and
decf e the teFms and GORditieRS of any franchises grar,ted
(f) if the board gFaRts a fraRehise, the fFaREhisee shall Me Am ace--eptance of
as Fequired iR a 4anchise agFeemeRt within 45 calendar days fFem the date ef the
reselution making the grant, This peried may be extended fE)F geed cause by the boaF"
the acceptance is not filed with the ceunty w4hiR 4=5 calendaF days fFom the date ef t
Rty resolUtiOR making the gFaRt, er if the period is not exteRded by the beard, t
fFaRGhi5e gFaRt Will be RUII and void witheut fuFther actien by the beaFd. IR this ease G'f-a
franchise agreemeRt is reached. The gFant of such a sheFt teFm extensiens will not eApfp
GR fraRehisee the Fight to an automatic aceeptaRee, transfeF, medificatieR 9F .
days'(g) FGIIOWIRO @t least ten
shall held a public heaFing at which time it will �eeeive cemment en the ffepased
fFanchise -. r.+
,
that it be subject tri further negetiati
Sec. 44-25. Reserved. ReRewals.
t3
aff heable federal law, including, but set limited te, Sectien 62G A -f thie C---;;hlp Ut 47 1 1W
=546 and applicable state TAG the ewtelpt suelh FegiumFements ef this article 9F
RHI.P-r-, ;apd- rp-gulatjE)R5 hereafter adopted by the boaFd are eonsi5teRt with applicable
,
such requirements; sh-all apply.
the cable sy5tem or effect a transfer of ownership of the SySteM tO aRetheF peFsen Hpen
approval of the county Geeimi.mOssleeni. Apy such acquisitio-in ortransfer shall be at fair ma
value, determined en the ba!As ef the cable system valued as a geing eencern but with
v-alue -,llec-,ted to the €ranehise 45el€
(E) if FeRewal of a franehise us lawfully denied and the board deeS Ret PHFEhaS
period of torne, but in nO eVeRt REA tA- P- 19 G P- ed- 1-90 days, the beard way have the remAval
done at the fn r fr eh'rnn'r nd /nr r rety'r expense.
Sec. 44-26. Reserved.
pFE)pesed is an assipmeRt of franchisee's franchise to a separate legal eintily,
The terms "assmgReF" an d "assignee" Fespeetively should be Hsed in lieu of "tFansferw
and "tFaRsfeFee" as used ,
if the tra_-Ar.-aGt'Gn prepesed is an assignment ef thea(b) ARY fFanchise granted herew nder shall he a privilege to be held by the fraRChIsee
,
without the. p Fitt...R a nt of the bo@Fd
"centre ,"
peFsenOF BFG"ef peFSE)RS of ten perEent or more of the voting shaFes of franchisee.
Sec. 44-27. Reserved. nnnligntir-1; fAr F.+ t,, trqAqfpr5G€ r ntF„l
14
15
Sec. 44-29. Reserved.Fee and ferfeatuFe.
NP-MLOIFFORSIMOMBEFFN M..
MWWMI
Sec. 44-30. Reserved.Aeceptance by tr-,nsf. Fee
Sec. 44-31. Franchise characteristics, rights and obligations.
say ---A certificate of franchise authority pursuant to Section 610.104, Florida Statutes,
authorizes use of county public rights-of-waystr-e� for installing cables, wires, lines,
optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other
facilities, subject to applicable permits, as necessary and pertinent to operate a cable
system within the unincorporated areas of the county, but does not expressly or implicitly
authorize the certificateholderfra e= to provide service to, or install cables, wires,
lines, underground conduit, or any other equipment or facilities upon, private property
without owner consent (except for use of compatible easements pursuant to Section 621
of the Communications Act, 47 USC §541(a)(2), or to use privately owned conduits
without a separate agreement with the owners.
ffect
speeified fraRGhi5e teFFitery shall be deemed to eeRstitute beth a Fight and an Obliga
9u,rp9se of ind n the reunt„ to g nt the fr ..hi in the form aGee ted
OR
(f) Netwithstanding
anything
to the eentraFy,
and
unless enfeFeernent
of this
prehibited by
applicable
J
videe system, a fFaRGhisee
taleyi5i9R fr@.nrhise granted
shall Fernain
by the ceunt•.
subject to
all teFmr-,
and-
A -f the r--a-ble
Sec. 44-32. - Conflict of laws.
(a)
wish applicable state, federal and ;r In the event the provisions of this article
conflict with any applicable state or federal law, including, but not limited to, the lawful
rules and regulations of the FCC and/or other state orfederal agencies having jurisdiction,
the statutory requirements and lawful rules and regulations shall be controlling.
b) All local laws and ordinances applicable within the County in conflict with the
provisions of this article are hereby repealed to the extent of such conflict. Any fraPGhiSe
w..v awRlT new iT
(c)
agreemeRt expFesses an explielt intent te waive a Feq— em—MA ef. this airtiele.
(d) Subject to applicable law,
the failure of the
County, upon one or more occasions, to exercise a right or to require compliance or
performance under this article or applicable lawa ,t shall not be
deemed to constitute a waiver of such right or a forfeiture of a right to compel compliance
or performance.
(de) The certificateholderf,=an�e shall at all times be subject to all lawful exercise
of the police power of the County.
Sec. 44-33. Reserved. Franchise nanexclu
at any time, and EensisteRt With this article, suGh fraRehi5es �OF Eable televisk)-R
the Fesodent.,; ef the r---n-Upty. All suEh franchises shall be gFaRted consistent with applie
taw-.
whieh exi5tiRg fFaRchisees are subj et
17
Sec. 44-34. Reserved.OveFlanninrt pli,.Mir,ne
Sec. 44-35. Reserved.
Sec. 44-36. - Use of public streets and ways.
To place or to maintain facilities in the Countv public rights-of-wav, a certificateh older
shall comply with the requirements of the County Code including the St. Lucie Count
Communications Rights -of -Way Ordinance Chapter 44 Article I of the County Code of
Ordinances as it may be amended which requires,_among other thins an effective
registration and obtaining permits that may be required.(aT#2—beaFd tea;:
agreement,authorize the fFaRGhisee, subject to the pFevisions of this; artip-le And @F)Y fraRc
te erect, 1 construct, 1 and ! ! I Linder, Y
aeFess, and al9Rg the public streets and ways within specified areas of the frape-h-
amplifieFsJ appliances, attachments,poles,
J
haweveF, that prieF te the exerEmse ef any such rights the fraRehisee shall an each ea5e4i4e
been issued. The county adm'RistrateF er his designee shall make a determiRation
I
requested by the e Rty administrator er his rincinnnn
(c) Neither thus aFtiGle nor any fFaRGhiSe granted hereupp-IP-F e)(pressly OF
implicitly aUtheFiZe the franchisee to provide seFViee to, eF install cables, ! !
18
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Sec. 44-36. - Use of public streets and ways.
To place or to maintain facilities in the Countv public rights-of-wav, a certificateh older
shall comply with the requirements of the County Code including the St. Lucie Count
Communications Rights -of -Way Ordinance Chapter 44 Article I of the County Code of
Ordinances as it may be amended which requires,_among other thins an effective
registration and obtaining permits that may be required.(aT#2—beaFd tea;:
agreement,authorize the fFaRGhisee, subject to the pFevisions of this; artip-le And @F)Y fraRc
te erect, 1 construct, 1 and ! ! I Linder, Y
aeFess, and al9Rg the public streets and ways within specified areas of the frape-h-
amplifieFsJ appliances, attachments,poles,
J
haweveF, that prieF te the exerEmse ef any such rights the fraRehisee shall an each ea5e4i4e
been issued. The county adm'RistrateF er his designee shall make a determiRation
I
requested by the e Rty administrator er his rincinnnn
(c) Neither thus aFtiGle nor any fFaRGhiSe granted hereupp-IP-F e)(pressly OF
implicitly aUtheFiZe the franchisee to provide seFViee to, eF install cables, ! !
18
Sec. 44-37. Reserved,- n.,eFatk)R a �^
vpc�vcivir Qna re�oEl eke., effranehlll pFepeFty.
i J
/
1
Sec. 44-37. Reserved,- n.,eFatk)R a �^
vpc�vcivir Qna re�oEl eke., effranehlll pFepeFty.
19
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Sec. 44-39. Reserved.- nRRuad R5tr„rtion repoFt req iFed
21
r
Sec. 44-39. Reserved.- nRRuad R5tr„rtion repoFt req iFed
21
shall be a vested intere-st. -'eint wi-se ef peles shall -he in aGGA-FdaRee w*th state statutes and
this Cede.
nnreyal e€ the beard er its designee
structures or o heF eeRduits of the fFanc-hisee for any use that s not cempetitive with
has adequate sp@Ee available without
removing aRy attachment made prior to
Fecempt of the .a t from the county-.
Sec. 44-41. Compensation.- FFanehise p ntr
The certificateholderfr-, or any person operating a cable system pending
irr-H-;;Rri-- r.f a franchise by -in the county, as cempensatien for the privilege of the use e
, shall pay
the communications services tax pursuant to Chapter 202, Florida Statutes. A person that
laces or maintains a cables stem within the CountV rights-of-waV but does not remit
communications services tax to the County, shall be considered a pass through provider
pursuant to Section 337.401, Florida Statutes.*^ the nt„ fraRGhi o foo in n .,m,.„nt
u-p-te a maximum of either:
;
(2) in the eveRttheEemmunications -;4 r-- t A- F other applmr=able law is amended to pe
the ceunty to assess a fFaRGhise fee ef a greater ameunt than that specified on subseEtmen
(a)(!) of this sectien, the fFaHehisee agFees to immediately enter good fa th negetiat!
ith respect to iRereaSmRg the ame+nt of the €n n+
(b) A fFaRehmsee 5hall pay the fFanchise fee due to the county on a quarterly ba--,'-,-.
Payment feF each quarter shall be made te the eeunty net later than 30 calendaF d4y-,
afteF the end of each caiendar ;pFevided, heweveF,
that paymeRt fOr the fourth
of the quarter
(G) A franGhmsee shall file with the eounty, on a quaFteFly bas's with the paymept A -f
A -f the me-thed of cemputatmeR. The statement shall be certified by a certified pu
The fFaReh4see will bear the ce-st A -f the preparation of such finanEmal 5tatements.
(d) Subject to applicable law, no acreeptaRce by the GeWRty ef BRY fFaREhise
payment shall be censtrued as aR aareceerdd that the amount paid Is in fact the C.GFF
22
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system, with -A bre-akdewn by the types of services Feceived by the
.
a franchisee shall provide the fe-IlAvviRg dqeumeRls
X
he county as received eF filed, witheut FegaFd te v.,hp-ther the doeurneRts aFe filed by
the fr•,r.chi5ee a affilmate•
eentrels fra..nchirnn and issues aR -.I r r+
(2)---Copyright 7ins5 refleetingthe eperatien of the systelm
131 CC'C' Crlrmr 27= rnrl 20�A fnr+hn r
Tv7--�-----r cc r yr iris v�v arra-v�vrs ivr--crrr=3`�S�ei�r 6r ��ieir�blEeeSsBr ferms
,
"filings")
that may impact the i
agreement Issued pursuant ta this article and any and all Fe5peRses, if aRy, to the abe*e
mnntinnnrl filings
(5) Any and all Retmees of ,
the system, fFaReWsee, or any affiliate of franchisee; pFevlded, heweveF, that @Ry sH
extept the same may directly eF indiFeetly affect or bear on i
s operations inCOUnty. FGF example, a notice that an affiliate wh'r--h has -A rpaRagemeRt eeRtraet fer
ntyi
-.ffpc-t Pr L.paF an operations 'n the r n+y,
(6) Any request feF pFeteetien under bankruptcy laws, OF aRyjUdoment related
impact the ,
eperatmen Of FnaiRteRaPc--,-- Aef the Cable system.
v nspeCtieR, eapyiRg and audit shall be HP9R reasenable notice and duraRg normal business
7 tows.
PUFSuaRt tq th45 artiGle Ar a ficaprhe e agreement will Apt he made available feF PIA
inrnnrtiGR tri the extent nnrm4ted by aw
Sec. 44-43. Reserved.- InrlmmPifi,--,tion.
25
a
11111 11MIM IN....
M
i Reserved.
damages chairged against the GeWRty er firiaRchisee resulting from the act ef graRtming
-------------
W.1 MIOWEP.TIM,
NMI NOTEWSTAN W W. W.W.
E
WATITAWINTATIOWS
1
rfi.%�j W .
b
111
'minim mpl�.
26
r
Rot renew."
All
Best'sbe duly ioEeRsecl to operate in the state, shall be sureties with @ MiHiFAUVH FatiRg of A 1
i Reserved,
effective, the fFaREhisee shall post with the GeuRty a cash secur4y deposit or
MWrr rrr •r
11
Cm
IffrM.
11 AS �All
Im" =01"
WM
rr rr■ rr
r
27
28
(c=) The board shall authqrize Felease ef the bond ne seener than six months and
later than 12 m n+hs after comnlet'en Of rnr.rtru r -+08R
} at its sole option,
may waive this requirement, or peFmit conse"datiqRef the eeRstriAction bond er letter ef r--red—it i.mith the peFfermance bend er letter ef er
as specified} �}respectiely in this sectir.n and senior. 44 117
Sec. 44-47. Reserved. - System desi,rtn. m
n m f- G-Aitiel Gl -An
n
(a) The cable televisieR system shall be eenstructed in acceFdanee with the de -
"uirements r n+-. erl in the franchise agreemer.+
iP.PeupAstapees existing At- the time of the apphcation, that the -ai-Ar-lit-menal FeqLAFeFne44-s
are necessa" meet the I
interns+
n-rccr-c�r.
(1) Any Cable system that commences iRitial
including, but Ret lumited
J
1
erdpnanGe from wheeh thms article is derived- shall have a minimum eaparity of at least :7!.;A-
MHZ, delivering Re less than 78 viclee channels available for immediate use, A fraRr--hl-,;P-
(3) Upon written FeEluest fronA the CGURty, a cable system shall Gahlpr-;4,;t PAIIA
county.
(4) A eable system shall pFevide !eased access chaRRels as FeqiA*Fed by federal la
Consistent with applaEable 1
hie ehaFge for such equipment.
(6) Unless a franchise agreement er applicable law prevides }
0 RStallation shall G9RS*St ef a dFOP, not exceeding 125 feet from the cable plant to t4e
I
charged aEE()Fdong to the fr-ape-hL-;ee's rate scheduie
(0 The county Fnay require as a conditieR ef any 4anchise agreement that t4e
—1-1115— GeRstrucl and M@iRt@iR 45 cable system in GE)RfE)FRqaRce woth the state of the
aFt; as defined 9A 44 .
(d) A franeWsee that commences in4iai ceRstrHction after the date heree-f shall ma
cable service avaulable te all resodents and bUSiRess withIn th - Fated area ef the
tV U nty,
29
Sec. 44-47. Reserved. .
Sec. 44-48. - Service to schools and libraries.
to each publie school, IibFaFy and ceunty effice lecated within the area served by the .
. upon
a re nest by the County, a certificateh older shall provide, within 90 days after reg ei t of the
request, one active basic cable or video service outlet to K-12 public schools,_public libraries or
30
„_
MCM
.17-
-
MCM
,.
Sec. 44-48. - Service to schools and libraries.
to each publie school, IibFaFy and ceunty effice lecated within the area served by the .
. upon
a re nest by the County, a certificateh older shall provide, within 90 days after reg ei t of the
request, one active basic cable or video service outlet to K-12 public schools,_public libraries or
30
local government administrative buildings, to the extent such buildings are located within 200
feet of the certificate holder's activated video distribution plant. At the request of the County, the
certificateho_ld_e_r shall extend its distribution plant to serve such buildings located more than 200
feet from the certificateholder's activated video distribution plant. In such circumstances, the
governmental entity owning or occupying the building is responsible for the time and material
casts incurred in extendin the certificateholder's activated video distribution plant to within 200
feet adjacent to the building. The cable or video services provided under this section shall not be
available in an area viewed by the general public and rnay notbe used for any commercial _.._
purpose.
Sec. 44-49. - Government channels and facilities.
(a) AppkatiGRS feF aR initial eF reRt_Q;AM_Qd_ franchise may, and, at the beaFd's Fequest, shaIl-I
inElude proposals far the pre9isie'n a A- r- GC TJ CTa r pe1s iR eenRe'c CieR with
sufficient to et c nity Reeds.
the l witheut ! !
! 1 ,
/ educational, 1
and all(e) A frapr=hisee shall assist the beaFd with predwaien ef live and- videetaped FRURi6pal
.
(d) Te the extent it is
shall
/ 1
er in thealternativeSha U_ ;_0p reunty persennel.
gevoF t, educatie+jai-inst+tutiens etheF pubi+! i,;
71
ll A certificate holder, not later than 180 days following a request by the County, shall
designate a sufficient amount of capacity on its network to allow the provision of public,
educational and governmental access channels for noncommercial programming as set
forth in Section 610.109, Florida Statutes.
31
bl A certificateh older shall designate a sufficient amount of capacity on its network to allow
the provision of the same number of public, educational and governmental access
channels or their functional equivalent that the County had activated under the
incumbent cable or video service provider's franchise agreement as of July 1, 2007. For
the purposes of this section a public, educational or governmental channel is deemed
activated if the channel is being used for public, educational or governmental
programming within the municipality or County. The County may request additional
channels or their functional equivalent permitted under the incumbent cable or video
serviceprovider's franchise agreement as of July 1 2007. Within 180 days after a request
by the County for an additional channel or its functional equivalent, a public access
channel or capacity equivalent may be furnished after a polling of all subscribers of the
cable or video service in their service area. The usage of one public access channel or
capacity equivalent shall be determined by a majority of all the provider's subscribers in
the jurisdiction. The video or cable service subscribers must be provided with clear, plain
language informing them that public access is unfiltered programming and may contain
adult content.
(c) Ifthe _County did not have public, educational, or governmental access channels activated
under the incumbent cable or video serviceprovider's franchise agreement as of July 1
2007 within 180 daVs after a request by the CountV within whose jurisdiction a
certificateholder is providing cable or video service the certificateh older shall furnish u
to two 2public, educational or governmental channels or their functional equivalent.
The usage of the channels or their functional „equivalent shall be determined by a majority
of all the video serviceprovider's subscribers in the jurisdiction in order of preference of
all video service subscribers. Cable or video service subscribers must be provided with
clear, Iain language informin them that public access is unfiltered programming and
contains adult content.
u If the County has not used the number of access channels or their functional equivalent
permitted by subsection (c), access to the additional channels or their functional
equivalent allowed in subsection c shall be provided upon 6 months' written notice.
ll A public, educational, or governmental access channel authorized by this section is
deemed activated and substantially used if the channel is being used for public,
educational, or governmental access programming within the County for at least ten (10)
hours per day on average, of which at least five (5) hours must be„nonrepeat programming
and as measured on a quarterly basis. Static information screens or bulletin -board
programming shall not count toward this 10 -hour requirement. If the applicable access
channel does not meet this utilization criterion, the video service provider shall notify the
applicable access provider in writing of this failure. If the access provider fails to meet
this utilization criterion in the subsequent quarter, the cable or video service provider
may reprogram the channel at its discretion. The cable or video service provider shall
work in good faith with the access provider to attempt to provide future carriage of the
applicable access channel within the limits of this section if the access provider can make
32
reasonable assurances that its future_ programming will meet the utilization criteria set
out in this subsection.
A cable or video service provider may locate any public, educational, or governmental
access channel on its lowest digital tier of service offered to the provider's subscribers. A
cable or video service provider must notify its customers and the County at least 120 days
prior to relocating the applicable educational or governmental access channel.
IgI The operation of any public, educational, or governmental access channel or its functional
equivalent provided under this section shall be the responsibility of the County receiving
the benefit of such channel or its functional equivalent, and a certificateholder bears only
the responsibility for the transmission of such channel content. A certificateholder shall
be responsible for the cost of providing the connectivity to one {1} origination point for
each public, educational or governmental access channel up to 200 feet from the
certificate holder's activated video service distribution plant.
The County shall ensure that all transmissions, content, or programming to be
transmitted over a channel or facility by a certificateholder are provided or submitted to
the cable or video service provider in a manner or form that is capable of being accepted
and transmitted by a provider without any requirement for additional alteration or
chane in the content bV the provider, over the particular network of the cable or video
service provider, which is compatible with the technology or protocol used by the cable
or video service provider to deliver services. To the extent that a public, educational, or
governmental channel content provider has authority, the delivery of public, educational
or governmental content to a certificateholder constitutes authorization for the
certificateholder to carry such content including, at theprovider's option, authorization
to carry the content beyond the jurisdictional boundaries of the County.
Where technically feasible, a certificateholder and an incumbent cable service provider
shall use reasonable efforts to interconnect their networks for the purpose of providing
public, educational and governmental programming. Interconnection may be
accomplished by direct cable, microwave link, satellite, or other reasonable method of
connection. Certificateholders and incumbent cable service providers shall negotiate in
good faith, and incumbent cable service providers may not withhold interconnection of
public, educational and governmental channels. The requesting art shall bear the cost
of such interconnection.
Cl ) A certificateholder isnot required to interconnect for, or otherwise to transmit, public
educational and governmental content that is branded with the logo, name, or other
identifying marks of another cable or video service provider, and the County may require
a cable or video service provider to remove its logo, name, or other identifying marks
from public, educational, and governmental content that is to be made available to
another provider. This subsection does not apply to the loo name or other identif in
marks of the public, educational, or governmental programmer or producer.
33
A court of competent jurisdiction within the County shall have exclusive_ jurisdiction to
enforce any requirement under this section.
Sec. 44-50. Reserved. - Technical cta Rdarcicl • G r,Str „-ti9R r ed fres
ARteRRas(a) Any cable system within the county shall at lm..14m.u.m. meet the teehnical standaFds ef the
hereinafter may be amended or adopted by the PC=C= er 9theF fedeFal or state ageRcy h i _
,;wc-h ;;wthprity. Consistent with app"Eable law, all televisioR signals trans.m.itted A -A. a cable
SHPpertiRg S4UGWFes, and outsWe plants used iR the system shall be designed to
J
federal,
state, eeuRty and/or utility laws, eFdiRaHCe5, FUles and Fegulatiens,
(b) All GGA5trUGtlOR, iRStallation and- PA-ainte-R-aRee shall comply with all applicable federal, state
Code, 2008, the state building ceele, and all applicable laws and accepted iRduStFY
,
request,@Rd as heremnafter may be amended or chaRged.
(e) At the times regHired by FCC Fules, the fFanchisee shall perfe�m at Its expeRse preef
aFtiele, the fFanehise agreement, and P(;C requirements. The fFaRrshisee shall, upon
days'and upon writteR Fequest fFeRq the eeHnty. The -heardi shall have the right HPOR at least five
their censtrurstien to enswe cempliaHee with the I _11— -1.1-rits of the franchise
,
this @a bele, and Grr standards.
(d) The boaFd may require aRy ether tests as speGified iA a fFaRChise agreement E)F applicable
pFevide the, test results te the county within 30 days of Gempletk)R ef the preof A
peFferm@Ree nr ethep tests.
perfGFM@Ree test reqUiFed in subsectiens (G) @Rd (d) of tNs section is 5cheduled So that the
Ge Li ity -irlm in FateF may havean ..hcnr ,.nr nr e t
y v v
(f) A fraRGhisee shall Ret
J
install or epeFate its fablities in a MaRReF that Will
w th the smgRals of any breadea ------ en, the facPities ef any public utility, the Gable system
Of aRether franGhisee, or individual OF master antennas eF etheF system used feF Feeeivin
teleyls'eR n ether hrn-+cEast signals.
Sec. 44-51. Reserved.- Ce strwaier pFactices,
(a) Geed pFactices. All plant and equipmeRt, including, but not limited to, the
,
poles, wire, cable, ceaxial
rappurten@nce5 shall be mRstalled,lecated,
,4
See. 44-52. Reserved.- Censtr ction per -mit r „dI
Fequest. if said eonstruction is not completed withiR said specified time periGd, e -F
should COnStFUCt'OR Ret -he r--p-ppme-peed en the date specified by said permit, then the permit
shall be deemed hull end R d "f Re f,A.+heF feFee -.Rd .,4eet
Sec. 44-53. Reserved. GustemeF se. Ace , eg LI ements
,pill
"...
See. 44-52. Reserved.- Censtr ction per -mit r „dI
Fequest. if said eonstruction is not completed withiR said specified time periGd, e -F
should COnStFUCt'OR Ret -he r--p-ppme-peed en the date specified by said permit, then the permit
shall be deemed hull end R d "f Re f,A.+heF feFee -.Rd .,4eet
Sec. 44-53. Reserved. GustemeF se. Ace , eg LI ements
36
e
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111111101W. wil WIN
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39
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39
repOFted, and the hours of eperati�
h. The av'itRiabo Tty of a "Ieck out" dev7ce.
M.N. w....
MUM
19
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i
Sec. 44-54. Administration of customer serpviee.
(a) Responsibility for the administration of this article and ally fFallGhise ffaRted heFeunder and
feeds hereby delegated to the County administrator, which is c weFed aRqeRg other
franchisee,
nterests ef the publie. in eases where Fequests fOF seFVI have been ignored or sel:vlee-J-S
40
RIM
M.
W ME
• 4
TMEI
1 / /
I
Sec. 44-54. Administration of customer serpviee.
(a) Responsibility for the administration of this article and ally fFallGhise ffaRted heFeunder and
feeds hereby delegated to the County administrator, which is c weFed aRqeRg other
franchisee,
nterests ef the publie. in eases where Fequests fOF seFVI have been ignored or sel:vlee-J-S
40
fGF service is reasenable�
provided
that
any persep
aggFieved by a decision
of the ceunt
admiRi5tFater, iRcludiRg
the
fr-anchisee,
may appeal
the matter te the beard
fer hearing and
adminwstFatOF. No
1settlement,oF
compremise,
franchise agreement
issued
pursuant
te
tWs artiele,
and Pe4her the county
admiRistrato
/ shall have
right oF autharity
to add
to, modify
oF delete
any provision of this -Pirt-.Or--'P-
A -.r Af the
time,the
community's
(b) IR addition te the pewers delegated heFeiR, the ceunty shall have the auther7ty
to as ess fines against a fFanchisee foF any vielatien ef this article er any fFanehise issHed
EIV, MW W' N.,
Y�ti`ir�/Jfl4liL�lllYl+l �- J
41
42
Sec. 44-55. - Subscriber privacy.
A certificate holder wee shall at all times protect the privacy of all subscribers to the
full extent required by Section 631 of the Cable Act, 47 USC §551, and state law.
Sec. 44-56. - Discrimination prohibited.
(a) No certificateholderfranch;see may in its rates or charges, or in the availability of the services
or facilities of its system, or in any other respect, make or grant undue preferences or
advantages to any subscriber, potential subscriber, or group of subscribers or potential
subscribers, nor subject any such persons or group of persons to any undue prejudice or any
disadvantage. A franchisee shall not deny, delay, or otherwise burden service or discriminate
against subscribers or users on the basis of age, race, creed, religion, color, sex, handicap,
national origin, marital status, or political affiliation, except for discounts for senior citizens,
the economically disadvantaged or handicapped that are applied in a uniform and consistent
manner. A certificateholderfr^�ee may also offer bulk discounts consistent with
applicable law.
(b) A certificateholderee shall not deny cable service to any potential subscriber
because of the income of the residents of the area in which the subscriber resides.
(c) A certificateholderee shall not refuse to employ, nor discharge from employment,
nor discriminate against any person in compensation or in terms, conditions or privileges of
employment because of age, race, creed, religion, color, sex, disability, national origin,
marital status, or political affiliation. The franchisee shall comply with federal, state and local
laws and regulations governing equal employment opportunities, as the same may be from
time to time amended.
Sec. 44-57 — 44-66. Reserved. .
43
- --- --------- ---- — -----
- ---3 M� - ---------
low ITM
in P.W. alAIII& T F.
'00,
Ir
W. HIM=
1 1
101'
Sec. 44-55. - Subscriber privacy.
A certificate holder wee shall at all times protect the privacy of all subscribers to the
full extent required by Section 631 of the Cable Act, 47 USC §551, and state law.
Sec. 44-56. - Discrimination prohibited.
(a) No certificateholderfranch;see may in its rates or charges, or in the availability of the services
or facilities of its system, or in any other respect, make or grant undue preferences or
advantages to any subscriber, potential subscriber, or group of subscribers or potential
subscribers, nor subject any such persons or group of persons to any undue prejudice or any
disadvantage. A franchisee shall not deny, delay, or otherwise burden service or discriminate
against subscribers or users on the basis of age, race, creed, religion, color, sex, handicap,
national origin, marital status, or political affiliation, except for discounts for senior citizens,
the economically disadvantaged or handicapped that are applied in a uniform and consistent
manner. A certificateholderfr^�ee may also offer bulk discounts consistent with
applicable law.
(b) A certificateholderee shall not deny cable service to any potential subscriber
because of the income of the residents of the area in which the subscriber resides.
(c) A certificateholderee shall not refuse to employ, nor discharge from employment,
nor discriminate against any person in compensation or in terms, conditions or privileges of
employment because of age, race, creed, religion, color, sex, disability, national origin,
marital status, or political affiliation. The franchisee shall comply with federal, state and local
laws and regulations governing equal employment opportunities, as the same may be from
time to time amended.
Sec. 44-57 — 44-66. Reserved. .
43
privileges provided herein in th@ fGIIeWlRg GiFELImstanGes, each efv.�hich shall constitute a default
and breach under this artiel.. and/or fFanr•Wrni
(2) The fraRchisee fails te canstruct, operate OF MaiRtaiR the cable system as Fequired b, ' ,
(7) The fFaRehisee beeemes insolvent, unable 9F lJRWilliRg tG pay ItS debts, GF Is a adjudged
44
WINN
I'l all
ZA
44
(c) The proceedings
the party r
(d) The heafiRg
�n li triov- nes te-.-5.
(e) The beard
rtiRe
need
may heaF
at the heaFiRg
the tFa
Ret be cenducted
aRy inteFeSted
shall
RSrrirlt
be
according
rer-me—rdied-
to
1
A-.Ad- may be
the rules of
transcribed
court
at the expen5e of
relatiRg te evid-e—Ace -PlAd
(f) Upon conclusion
eenclusieRs
as to
of the
whether the
allegatiens
heaFino,
made
the beard
er ce—ptaiped OR
shall
the
rnp-ikp- itS fiRdiRgs and
notice and order to shew
cause occuFred
eF
existed as
charged,
whether
or not any suEh
DrefusalS, f
aEtioRs1 een
_, ciFcumstaRces
l
1
just cause, 9F,
if Ret,
whether
an the
basis
of the
evidence adduced
some lesseF penal"
comply with
if the fFanchmsee
OR such
shall
ti Rcie @Rd
fail te
rnanneF
c-emply
and
as diFeeted
upon such
terms and
with the time
conditions
prescribed,
as are rea5enable.
the franchise shall
-he deemed te
p ret'Prlhe some
be Feveked
lesser
eF
penalty
suspended,
or remedy.
as the case
FRay be, URless
the beard- shall the-Fea4e
see144-59.
if the beaFd's
such decis'
the count,, -
deteFminatieR
1 by a state
is to revoke
A-r fed-eral
OF SU5pend
cewt of
the franchise,
cempetent
jurisdictien.
the fFaRc-hisee may h.ave
Venue shall be 44
Sep. 4A 60. Requirements
upon
terminatien
er expiratien.
at its own
erluippPeRt
L
expense,
which
oF
are within
sell, all
the
ef Its
public
above
ght5
ground plant
of s
structuFes
and plant relatle"cir
liability,
franeh'se,
facmlwties
nd Fr.r
shall
undeF
90 days
eeptnue
the E)WReFship
ys there-+i+nr
OR full
feF�e
oF Eontml
and effect
of
diAFiRg
franchisee occupies
the
peFied that eqUipRqeRt
any public right of way
45
■
ram
MITOMM---------------
IIIIII..
46
MITOMM---------------
46
Sec. 44-67. - County cable system ownership authorized,
(a) To the full extent permitted by law, the County may acquire, construct, own, and/or operate
a cable system.
(b) Nothing in this article shall be construed to limit in any way the ability or authority of the
County to acquire, construct, own, and/or operate a cable system to the full extent
permitted by law.
Sec. 44-68. - Submissions to County and filing.
Unless otherwise expressly provided herein, formal submissions required by this article and
requiring action by the board shall be submitted to and in the name of the board and shall be
filed with the County administrator.
Sec. 44-69. - Hearing rules
Except as otherwise expressly provided herein, all public hearings provided for by this article
shall be conducted in accordance with procedures and rules set forth herein.
Sec. 4470. Reserved.
Sec. 44-71. - Theft of services and tampering.
(a) It is unlawful to:
(1) Willfully obtain or attempt to obtain cable service from the certificate holderfr; ee
by any means or device without payment to the certificateholderfFaRchmsee for such
cable television service of all lawful compensation due for each type of cable television
service unlawfully obtained.
(2) Willfully assist or instruct any other person in obtaining or attempting to obtain any
cable television service without payment to the certificateholder ee of such
cable television service of all lawful compensation due for each type of service
unlawfully obtained.
(3) Willfully tamper or otherwise interfere with or connect to by any means, whether
mechanical, electrical, acoustical or other, any cable, wires or other devices used for the
distribution of cable television service without the actual authority from the
certificateholderfr-„ -hiset of such cable television service.
47
t.. he heard, but without ehaFges fiRdiRgSE)F
etheF fE) al ntr
Sec. 44-71. - Theft of services and tampering.
(a) It is unlawful to:
(1) Willfully obtain or attempt to obtain cable service from the certificate holderfr; ee
by any means or device without payment to the certificateholderfFaRchmsee for such
cable television service of all lawful compensation due for each type of cable television
service unlawfully obtained.
(2) Willfully assist or instruct any other person in obtaining or attempting to obtain any
cable television service without payment to the certificateholder ee of such
cable television service of all lawful compensation due for each type of service
unlawfully obtained.
(3) Willfully tamper or otherwise interfere with or connect to by any means, whether
mechanical, electrical, acoustical or other, any cable, wires or other devices used for the
distribution of cable television service without the actual authority from the
certificateholderfr-„ -hiset of such cable television service.
47
(4) Willfully sell, rent or lend, or promote or advertise for sale, rental, or use, any device or
any plan to any person with the knowledge that the person intends to use such device
or plan to commit any of the acts set forth in subsections (a), (b), and (c) of this section,
whether or not such device or plan actually has the ability to facilitate the commission
of any acts set forth in subsections (a), (b), and (c) of this section.
(5) Willfully sell, rent or lend, or promote or advertise for sale, rental or use, without actual
authority from the licensee of such cable television service, any device which is
electronically capable of decoding cable television signals which have been encoded by
the certificateholderfee or any person under contract with such
certificateholderfr;4e-e.
(b) Any law enforcement department of the county having jurisdiction shall have the authority
to confiscate any and all such instruments, apparatus, equipment, devices, instructions and
plans described in this section, including any materials, tools, machinery, or equipment used
to manufacture or produce such instruments, apparatus, equipment, devices, instructions
and plans, and, upon conviction for violation of the provisions of this section, such
instruments, apparatus, equipment, devices, instructions and plans, together with all such
materials, tools, machinery, and equipment used to manufacture or produce same shall be
destroyed or otherwise disposed of by order of court.
(c) Any person who willfully violates this section shall be guilty of an offense.
(d) Whoever is found in a civil action to have violated the provisions of this section shall be liable
for actual and punitive damage to the wee certificate holder and may be subject to
fines and injunction or both and upon judgment in favor of the fra RGh iseecertificateholder,
such franchisee certificateh older shall also be able to recover all costs of such action,
including all appellate proceedings, together with reasonable attorney's fees.
(e) In addition to this article, the Federal Cable Communications Policy Act, 47 USC 553,
imposing both civil and criminal penalties for cable theft of up to $50,000.00 and two years
in prison for the first offense and up to $100,000.00 and five years imprisonment for the
second offense is fully applicable.
Sec. 44-72. - Force majeure.
In the event a certificateholder'sfFan e's performance of or compliance with any of the
provisions of this article er the franchisee's franchise agFee mo^* is prevented by a cause or event
not within the fr^^ certificateholder's control, such inability to perform or comply shall be
deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided,
however, that certificateholderf ee uses all practicable means to expeditiously cure or
correct any such inability to perform or comply. For purposes of this article and any 4apr- se
agfeement gFanted—ar renewed heFeunder, causes or events not within a
certificateholder's control shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots
or civil disturbances, sabotage, war, strikes and restraints imposed by order of a governmental
agency or court. Causes or events within certificateholderfr„ rh;re='s control, and thus not
falling within this section, shall include, without limitation, certificateholder ee's financial
48
inability to perform or comply, economic hardship, and misfeasance, malfeasance or
nonfeasance by any of certificateholderfra 's directors, officers, employees, contractors
or agents.
Sec. 44-73. - Reservation of rights.
(a) The board reserves the right to amend this article as it shall find necessary in the lawful
exercise of its police powers.
(b) Any additional regulations adopted by the board shall be incorporated into this article and
complied with by all certificateholdersfFaneh9sees within 30 days of the date of adoption of
such additional regulations.
(c) The board reserves the right to exercise the power of eminent domain to acquire the
property of certificateholderet's cable system, consistent with applicable federal
and state law. Notwithstanding anything to the contrary, this section shall not enlarge or
restrict the county's exercise of eminent domain except to the extent provided by applicable
law.
(d) To the extent not inconsistent with applicable law, tThe board shall at all times have the
right, upon reasonable notice and during normal business hours, to examine and copy the
certificateholderFr„ rh;ret's records and to inspect a certificateholderfra ee's facilities
to the extent needed to monitor a certificate holderfr;;„h;ree's compliance with and
performance under this article and the County Codetbe fraTehisee'5 franchise -,,,r. emen+
(e) The rights reserved in this article are in addition to other rights heretofore expressly
reserved.
PART C. Chapter 44, Article I, Sections 44-1 through 44-18 of the Code of Ordinances are
hereby amended as follows':
G�E�/ti4-� 44 18. — Qnrnr�rn�
r—r r rn�a
Sec. 44-1. This article shall be known and may be cited as the "St. Lucie County
Communications Rights -of -Way Ordinance."
Sec. 44-2. Intent and purpose; Applicability; Authority to Implement.
a It is the intent of the County to promote the public health, safety and general
welfare bproviding for the placement and maintenance of communications
facilities in the public rights-of-way within the County; adopting and administering
reasonable rules and regulations not inconsistent with state and federal law,
including the United States and Florida Constitutions, F.S. § 337.401, as it may be
amended, the County's home -rule authority, and in accordance with the
provisions of the Federal Telecommunications Act of 1996, the Spectrum Act, FCC
regulations, and other federal and state law; establishing reasonable rules and
regulations necessary to manaee the placement and maintenance of
Language to be deleted is indicated by a strikethrough; language to be added is indicated by underline.
49
communications facilities in the public rights-of-way by all communications
services providers after the effective date of this Ordinance; and minimizing
disruption to the public rights-of-way. In regulating its public rights-of-way, the
County shall be governed by and shall comply with all applicable federal and state
laws.
Applicability.
1. Persons seeking to place or maintain communications facilities on private
property shall comply with the applicable provisions of the County Land
Development Code, to the extent it applies, unless such property is
addressed expressly in this Ordinance. This Ordinance is not applicable to
communication facilities outside the public rights-of-way. Pursuant to this
Ordinance a person may be authorized to place or to maintain
communication facilities, including but not limited to, small wireless
facilities, micro wireless facilities, and utility poles for collocation of small
wireless facilities in the public rights-of-way. This Ordinance shall apply to
all facilities for communications services placed or maintained in the City
public rights-of-way pursuant to Section 337.401, F.S., including but not
limited to anV person holding a certificate of franchise authority pursuant
to Section 610.103, Florida Statutes, communications services providers,
pass-through providers, and wireless providers. Wireless support
structures telecommunications towers and other wireless facilities
includine but not limited to an antenna that is not part of a small wireless
facility or micro wireless facility, shall not be allowed to be placed or
maintained in the public rights-of-way, to the extent not inconsistent with
apgricable law. This Ordinance shall not applV to wireless facilities owned
by the County ora person, including the electric cooperative, to the
extent such facilities are utilized on an internal, non-commercial basis by
said person.
2. This Ordinance implements 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 , is repealed,
amended, or overturned by a court of competent jurisdiction, or
preempted by applicable federal law, in whole or in part, provisions
of this Ordinance may no longer apply, 'in. -which case pending and future
applications for small wireless facilities or utility poles intended to support
the collocation of small wireless facilities in the public rights-of-way, will
be governed by applicable law. In addition, permits issued pursuant to this
Ordinance may be sus ended or revoked and facilities installed pursuant
to permits issued pursuant to this Ordinance or without permits as
authorized by this Ordinance may be required to be removed at the facility
owner's expense, to the extent consistent with applicable law.
50
3. To the extent any provision of this Ordinance conflicts with the County
Code or Land Development Code, this Ordinance shall control.
4. Reservation of rights.
a. The County reserves the right to amend this Ordinance as it shall
find necessary in the lawful exercise of its police powers.
b. This Ordinance shall be applicable to all communications facilities
placed in the public riehts-of-wav on or after the effective date of
this Ordinance, and shall apply to all applications pending at the
time of the effective date of this Ordinance to place or maintain
communications facilities in the public rights-of-way, and to
existing communications facilities placed in the public rights-of-
wa rior to the effective date of this Ordinance to the full extent
permitted by state and federal law. A person with communications
facilities in the public rights-of-way pursuant to a valid permit
issued by the County shall comply with this Ordinance including
but not limited to, the registration requirements, by the earlier of
the following: ninety (90) days from the effective date of this
Ordinance or prior to submitting an application for a permit. This
provision shall not require removal or modification of
communications facilities placed or maintained in the public rights-
of-way pursuant to a previously issued permit prior to the effective
date of this Ordinance unless such facilities are abandoned or
otherwise required to be altered or removed in a manner that
reauires a permit.
C. This Ordinance does not apply to electric utility poles for an electric
distribution system located within the County public rights-of-way
pursuant to a valid -franchise aereement with the Countv.
However, collocation of small wireless facilities on such electric
utility poles and any other utility poles not used for electric
distribution pursuant to a franchise that may be placed or
maintained in the public rights-of-way will be governed by the
applicable provisions of this Ordinance. Ordinances approving a
franchise agreement and applying to an electric utility shall remain
in full force and effect, as thev may be amended, notwithstandine
anv provision of this Ordinance.
d. Savings. All fees, charges and financial obligations previously
accrued pursuant to any ordinances and resolutions repealed or no
longer effective pursuant to this Ordinance, shall continue to be
due and owing until Maid.
51
Lcj Authority to implement Ordinance. The County Administrator is authorized to
adopt, to modify,and to repeal rules and regulations to carrV out the intent and
purposes of this Ordinance.
Sec. 44-3. _Definitions. For the purposes of this Ordinance, the following terms,
phrases, words and derivations shall have the meanings given_ Where not inconsistent with the
context, words used in the present tense include the future tense, words in the _plural _number
include the singular number, and words in the singular number include the plural number. The
words "shall" and "will" are mandator and "may" -is -permissive, Words not otherwise defined
in this Ordinance or in any permit that may be granted pursuant to this Ordinance shall be given
the meaning set forth in the Communications Act of 1934, 47 U.S.C. §151 et seq., as amended
and FCC orders adopted thereto (collectively the "Communications Act"), and if not defined in
the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes,
as defined in the Countv Code. and if not defined in the Countv Code. shall be construed to mean
the common and ordinary meaning.
ABANDONMENT or ABANDONED. The cessation of all uses of a communications facility for a
period of ninety (90) or more consecutive days provided this term shall not include the cessation
of all use of a communications facility 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, cessation of all use of a cable within -a conduit where the conduit continues to be
used for some purpose or use accessary to the communications facility, shall not be
Abandonment of a communications facility. A wireless infrastructure provider's failure to have
a wireless service provider provide service through a small wireless facility collocated on a utility
pole within nine (9) months after the application is approved in accordance with Section
337.401(7)(1), F.S., shall constitute abandonment. The terms Abandonment or Abandoned are
not intended to include a dropped line from a potential or existing customer in the event the
communications services provider, communications facility rovider, or pass-through provider
reasonably anticipates future use of the dropped line.
ABUT. When used in conjunction with a lot or parcel of land or public right-of-way, means a lot
or parcel of land or public right-of-way that shares all or a part of a common lot line or boundary
line with another lot or parcel of land or public right-of-way.
ADJACENT PROPERTIES or PROPERTIES ADJACENT. (il Those lots or parcels of land that abut
another lot or parcel of land or public right-of-way that is contiguous to a communications facility
site or proposed site and (ii) the lots or parcels of land or public right-of-way that would be
contiguous to lots or parcels or public rights-of-wav but for an intervenine local or collector
roadway.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio
frequency signals used in providing wireless services.
52
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by
a recognized national code organization or local amendments to those codes enacted soleIV to
address threats of destruction of property or injury to persons, including expressly the latest
editions of the Florida Building Code, Florida Greenbook, National Electrical Code, Nationa_I
Electrical Safety Code, 2010 Florida Department of Transportation Utility Accommodation
Manual, and as applicable, Federal Highway Administration Manual on Uniform Traffic Control
Devices; American Association of State HighwaV and Transportation Officials AASHTO Roadside
Design Guide; AASHTO A Policy on Geometric Design of Highways and Streets; FDOT Standard
Specifications for Road and „Bridge Construction; MOT Design Standards; FDOT Design Manual;
the "Safety Rules for the Installation and Maintenance of Electrical Supply and Communication
Lines" established by the Department of Commerce Bureau of Standards of the United States
as may be amended, County Rights -of- Way Standards and Specifications, and County codes or
ordinances adopted to implement Section 337.401(7), Florida Statutes, including but not limited
to this Ordinance. The term includes objective design standards adopted by County ordinance
that may require a new utility pole that replaces an existing utility pole to be of substantially
similar design, material, and color or that maV require reasonable spacing requirements
concerning the location of ground -mounted equipment. The term includes objective design
standards adopted by County ordinance that may require a small wireless facility to meet
reasonable location context, color, stealth, and concealment requirements;-- -however, such
design standards may be waived by the County upon a showing that the design standards are not
reasonably compatible for the particular location of a small wireless facility or that the design
standards impose an excessive expense.
APPLICANT. A wireless provider who submits an application for a permit to locate a
communications facility or utility pole within the public rights-of-way or any person seeking a
permit pursuant to this Ordinance.
APPLICATION. A request submitted by an applicant to the County for a permit to collocate small
wireless facilities or to place or to maintain any communications facility in the public rights-of-
way.
AS -BUILT PLANS. A set of final and complete drawings in a format as specified by the County
submitted upon completion of a project, signed and sealed by professional surveyor or mapper
as defined in Section 472.005, F.S., that reflect all changes made during the construction process,
and show the exact dimensions, geometry and location of all elements of the work completed
under the permit.
AUTHORITY. The County, to the extent it has jurisdiction and control of the rights-of-way of any
public road. The term does not include the Department of Transportation rights-of-way under
the_iurisdiction and control of the department, whichT
are excluded from this Ordinance.
AUTHORITY or COUNTY UTILITY POLE. A utility pole owned by the County in the public right-of-
way. The term does not include a utility pole owned by a municipal electric utility, a utility pole
53
used to support municipally owned oroperated electric distribution facilities or a utility ole
located in the right-of-way within:
A retirement community that:
(!)—...__Is deed restricted as housing for older persons as defined in Section
760.29(4)(b), Florida Statutes.
(ii) Has more than 5,000 residents; and
(iii) Has underground utilities for electric transmission or distribution.
BELOW -GRADE COMMUNICATIONS FACILITY. A communications facility, including. manholes or
access points, that are entirely contained below grade within the public rights-of-way.
CLEAR ZONE. The roadside border area. startine at the edee of the traveled way. available for
safe use by errant vehicles. This area may consist of a shoulder, recoverable slope, non-
recoverable sloe clear runout area roadway classification or combination thereof. The width
of the clear zone is dependent upon the traffic volumes and speeds, and on the roadside
geometry.
COLLOCATION OR COLLOCATE. 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.
COMMUNICATIONS FACILITY or FACILITY or SYSTEM. Any permanent or temporary plant,
equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics,
poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface
location markers, appurtenances, wireless facilities, wireless support structure, wireline backhaul
facilities small wireless facilities micro wireless facility, and other equipment or pathwaV placed
or maintained or to be placed or maintained in the public rights-of-way of the County and used
or capable of being used to transmit, convey, route, receive, distribute, provide or offer
communications services. A utility pole intended for collocation of a small wireless facility shall
be considered a facilitv for purposes of this Ordinance.
COMMUNICATIONS SERVICES. The transmission conveyance or routing of voice data audio
video, or any other information or signals to a point, or between or among points, by or through
any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in
existence or hereafter devised including wireless services regardless of the protocol used for
such transmission or conveyance, and shall also include cable service and video service as defined
in F.S. §§610.103(1) and (11).
COMMUNICATIONS SERVICES PROVIDER. Any person making available orproviding
communications services through the placement or maintenance of a communications facility in
public rights-of-way, or a wireless infrastructure provider.
COMMUNICATIONS SERVICES TAX. The local communications services tax authorized to be
54
levied and collected by counties and municipalities upon communication service providers for
communications services, pursuant to Section 202.19, F.S. as amended.
CONSOLIDATED PERMIT APPLICATION. A single permit application that would otherwise require
individual permit applications for the collocation of between two 2 and thirt 30 small wireless
facilities to existing structures within the public rights-of-way.
COUNTY. St. Lucie CountV, Florida in its present form or in any later reorganized, consolidated
or enlarged form.
COUNTY ADMINISTRATOR. The County Administrator or his/her designee.
COUNTYENGINEER. The County Engineer or his/her designee.
FCC. The Federal Communications Commission
FDOT. The Florida Department of Transportation.
FLORIDA BUILDING CODE. The Florida Building Code promulgated under Chapter 553 Florida
Statutes and includes the applicable amendments thereto as both may be amended from time
to time.
FLORIDA GREENBOOK. The latest edition of the Florida Department of Transportation Manual
of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and
H ighways.
FORCE MAJEURE EVENT. A cause or event not within a person's control that shall include,
without limitation acts of God floods earthquakes, landslides hurricanes fires and other
natural disasters acts of public enemies riots or civil disturbances sabotage, strikes and
restraints imposed by order of a governmental agency or court. Causes or events within a
person's control and thus not constituting a force ma'eure event for purposes of this Ordinance
shall include, without limitation, the financial inability to perform or comply, economic hardship,
and misfeasance malfeasance or nonfeasance by any of aperson's directors officers
employees, contractors or agents.
GRAFFITI. Any inscriptions, word, figure, painting or other defacement that is written, marked,
etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to anv
communications facility whether or not authorized by the registrant of the communications
facility. A wrap shall not be considered graffiti.
HISTORIC PROPERTY. Any prehistoric or historic district site building, object or other real or
personal propertV, of historical architectural or archaeological value. These properties or
resources maV include but are not limited to monuments memorials Indian habitations
ceremonial sites, abandoned settlements, engineering works, treasure troves, artifacts, or other
obiects with intrinsic historical or archaeological value, or any part thereof, relating to the history,
government, or culture of the County.
55
HOMEOWNERS' ASSOCIATION. An incorporated association whose members consist of owners
of single farnilV homes or condominium units that manage or control propertV owned by the
association.
IN PUBLIC RIGHTS-OF-WAYor IN THE PUBLIC RIGHTS-OF-WAY. In, on, over, under or across the
public rights-of-way.
LICENSED ENGINEER. A Florida Registered Professional Engineer, or a person who is exempt from
such registration requirements as provided in F.S. § 471.003.
LOT. A designated parcel of land established by plat,subdivision or as otherwise permitted b
law, to be used, developed, or built upon as a unit.
WIRELESS FACILITY. A small wireless facility havine dimensions no larger than 24 inches
in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer
than 11 inches. T
ORDINANCE or SECTION. This Ordinance or Chapter 44, Article I, Sections 44-1 through 44-18 of
the Code of Ordinances.
PARCEL. Any piece of real property that has a single parcel identification number assigned to it
by the St. Lucie County Property Appraiser.
PASS-THROUGH PROVIDER. Any person who places or maintains a communications facility in
the public rights-of-way and who does not remit taxes imposed by the County pursuant to
Chapter 202, F.S., as amended. A pass-through provider can also be a_wireless infrastructure
provider as defined herein, and/or an owner of a communications facility pursuant to this
Ordinance.
PERMIT. The public right-of-way ermit that must be obtained before a person may construct in
the public right-of-way and shall include, but not be limited to, right-of-way engineering and
construction permits issued by the Countv.
PERSON. Shall include any individual, children, firm, association, ioint venture, partnership,
estate trust business trust syndicate, fiduciary,corporation, organization or legal entity of an
kind, successor, assignee, transferee, personal representative, and all other groups or
combinations, but shall not include the County.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING. To
erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or
relocate. A communications services provider that owns or exercises physical control over
communications facilities in public rights-of-way, such as the physical control to maintain and
repair, is PLACING OR MAINTAINING the facilities. To the extent required by applicable law, a
56
partV providingservice only through resale or onIV through use of a third party's unbundled
network elements is not PLACING OR MAINTAINING the communications facilities through
which such service is provided. The transmission and receipt of radio frequency signals through
the airspace of the public rights-of-way is not PLACING OR MAINTAINING facilities in the public
rights-of-way.
PSC. The Florida Public Service Commission.
PUBLIC RIGHTS-OF-WAY. A public right-of-way, ublic easement. -highway, street bride tunnel
waterway, dock, wharf, court, lane, path, or alley, or any other way for which the County is the
authority that has jurisdiction and control and may lawfully grant access to such property
pursuant to applicable law, and includes the surface, the air space over the surface and the area
below the surface. PUBLIC RIGHTS-OF-WAY shall not include private propertV. PUBLIC RIGHTS-
OF-WAY shall not include any real or personal County property except as described above, and
shall not include County parks, buildings, fixtures, poles, conduits, facilities or other structures or
improvements, regardless of whether they are situated in the PUBLIC RIGHTS-OF-WAY.
REGISTRANT or FACILITY OWNER. A communications services provider or other person that has
registered with the County in accordance with the provisions of this Ordinance.
REGISTRATION or REGISTER. The process described in this Ordinance whereby a
munications services provider provides certain information to the Cou
SHROUD. A covering or enclosure of equipment associated with a small wireless facility, other
than the antenna. collocated on an existinFt structure or utility pole.
SIGNAGE. Any display of characters, ornamentation, letters or other display such as, but not
limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as
an advertisement announcement or to indicate directions including the structure or frame used
in the display. The term Signage shall not include identification of the owner and contact
information of the wireless facility provider or utility pole, or identification _of_wires, cables, etc.
necessary to aid in safety or hazard work or maintenance or repair work of the communications
facility.
SMALL WIRELESS FACILITY. A wireless facility that meets the following qualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more
than 6 cubic feet in volume or, in the case of antennas that have exposed elements each
antenna and all of its exposed elements could fit within an enclosure of no more than 6
cubic feet in volume: and
b All other wireless equipment associated with the facilitV is cumulatively no more
than 28 cubic feet in volume. The following types of associated ancillary equipment are
not included in the calculation of equipment volume: electric meters concealment
elements, telecommunications demarcation boxes, ground-based enclosures, grounding
57
equipment, power transfer switches, cutoff switches, vertical cable runs for the
connection of power and other services, and utility poles or other support structures.
STEALTH DESIGN. A method of camouflaging any tower, antenna or other communications
facility, including, but not limited to, supporting electrical or mechanical equipment, or utility
pole which is designed to enhance compatibility with the surrounding neighborhood and be as
visually unobtrusive as possible.
SURROUNDING NEIGHBORHOOD. The area within a five hundred 500 foot radius of a
communications facility site or proposed communications facility site.
UTILITY. Any person or entity that is a local exchange carrier or an electric, gas, water, steam or
other public utility, and who owns or operates appurtenant facilities or equipment that is situated
with the public rights-of-way for transmission of such utilit 's goods, commodities or services.
UTILITY POLE. A pole or similar structure that is 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 a
horizontal structure to which signal lights or other traffic control devices are attached and does
not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver
for such pole. ^
_WIRELESS FACILITY. Equipment 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 power supplies, and
comparable equipment, regardless of technological configuration, and equipment associated
with wireless communications. The term includes small wireless facilities. The term does not
include:
a The structure or improvements on under, within or adjacent to the structure on
which the equipment is collocated;
(b) Wireline backhaul facilities; or
c Coaxial or fiber-optic cable that is between wireless structures or utility poles or
that is otherwise not immediately adjacent to or directly associated with a particular
antenna.
_WIRELESS INFRASTRUCTURE PROVIDER. A person who has been certificated to provide
telecommunications service 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 PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services provided using licensed or unlicensed spectrum, whether at a
fixed location or mobile, usine wireless facilities.
58
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. 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.
WRAP. An aesthetic covering depicting artistic or scenic imagery. _Imagery in a wrap may not
contain any advertising. A wrap authorized by the County shall not constitute signage.
Sec. 44-4. Registration For Placing Or Maintaining Communications Facilities in the
Public Right -Of -Way.
(a) All persons, including, but not limited to a communications services provider,
pass-through provider, or wireless infrastructure provider, seeking to place or
maintain a communications facility, backhaul facility, or utility ole for collocation
of a small wireless facility, in the public rights-of-way in the County pursuant to
this Ordinance shall first register with the County in accordance with this
Ordinance before being eligible to receive a permit. Submect to the terms and
conditions prescribed in this Ordinance and approval of a permit, a registrant ma
place or maintain a communications facility in oublic rights-of-way. All persons,
including, but not limited to a communications services provider, pass-through
provider, or wireless infrastructure provider with an existing communications
facility in the public rights-of-way of the County as of the effective date of this
Ordinance hasninety 90 days from the effective date of this Ordinance to comply
with the terms of this Ordinance to the extent not inconsistent with a previously
issued permit, including, but not limited to obtaining an effective registration.
Requirements for an effective registration. A person that desires to place or
maintain a communications facility. backhaul facilities and an infrastructure
provider that seeks to apply to install a utility pole for collocation of a small
wireless facility in the public rights-of-way in the County shall file an original
registration, along with two 2 complete copies with the County Administrator
that shall include the followine information:
Ll I Name of the registrant;
ll Name, address and telephone number of the registrant's primary contact
person in connection with the registration and name address telephone
number and email addresses of the registrant's primary contact person in
the event of an emergency or issue involving its facilities which shall be
monitored 24 hours per day, 7 days per week.
59
ll
(3) The type of communications services that the registrant provides or
intends to provide within the Count if more than one state all that
apply), or, if none, indicate that the registrant is a communications facility
provider, wireless infrastructure provider, or pass-through provider, as the
case may be and whether the registrant currentIV remits or intends to
remit Communications Service Tax, as authorized in Ch. 202, F.S.;
±4 Evidence of the insurance coverage required under subsection 44-4(c);
(5) Acknowledgment that registrant has received and reviewed a copy of this
Ordinance;
A copy of the registrant's certificate of authorization, public convenience
and necessitV, or other similar certification or licenses issued by the Florida
Public Service Commission, the Florida Department of State, the FCC, or
other federal authority. A copy of federal or state certification authorizing
the registrant to provide communications services, if any;
ll If the registrant is a corporation, proof of authority to do business in the
state of Florida, including the number of the corporate certification; and
(8) A performance cash bond to guarantee compliance in accordance with
subsection 44-4M
Insurance.
(1) Registrant shall provide, pay for and maintain satisfactory to the County,
the types of insurance described herein. All insurance shall be from
responsible companies duly authorized _todo business in the state of
Florida and having a rating in Best's Insurance Guide of A or better, or
having a rating acceptable to the County. All liability policies shall provide
that the County is an additional insured in the endorsement. The required
coverages must be evidenced by properly executed certificates of
insurance forms. The certificates must be signed by the authorized
representative of the insurance company and shall be filed and maintained
with the County annually. Thirty -days advance written notice by registered
or certified mail must be given to the County of any cancellation, intent
not to renew, or reduction in the policy coverages. In addition to the
certificate of insurance, the registrant shall provide a copy of the insurance
policy, if requested by the County.
(2) The limits of coverage of insurance required shall be not less than the
following:
i. Worker's compensation and employer's liabilityInsurance
employer's liability: Florida statutory requirements.
60
ii. Comprehensive general liability. Bodily injury and property
damage: $3-000,000 combined single limit each occurrence. Said
coverage shall not exclude contractual liability,
products/completed operations, independent or contractors.
iii. Automobile liability. Bodily iniury and property damage:
$3,000,000 combined single limit each accident.
iv. Umbrella or excess liability. Registrant maV satisfV the minimum
limits required above for either commercial general liability,
business auto liability and employer's liability coverage under
umbrella or excess iiability. The umbrella or excess liability shall
have an aggregate limit not less than the highest "each occurrence"
limit for commercial general liabilitV, business auto liability or
employer's liability. The County shall be specifically endorsed as an
"additional insured" on the umbrella or excess liability, unless the
certificate of insurance states the umbrella or excess liability
provides coverage on a "follow -form" basis.
Self-insurance. Registrant may satisfy the insurance requirements
and conditions of this division under a self-insurance plan and/or
retention if acceptable to the County in its sole discretion based on
the County's evaluation of the registrant's ability to_comply_with
the County Code. Registrant agrees to notify the County, and/or
indicate on the certificates of insurance when self-insurance is
relied upon or when a self-insured retention meets or exceeds
$100,000. The County reserves the right, but not the obligation, to
request and review a copy of the registrant's most recent annual
report or audited financial statement, which the registrant agrees
to furnish for the purpose of determinine the registrant's financial
capacity to self -insure.
(3) Right to review. County, by and through its Risk Manager,_ reserves the
right to review, modify, reject or accept any required policies of insurance
or self-insurance, including limits, coverages, or endorsements herein from
time to time throughout the life of this division. County reserves the right,
but not the obligation, to review and reject any insurer or self -insurer
providing coverage because of its poor financial condition or failure to
operate legally.
ll This Ordinance shall not be construed to affect in any way the County's
rights, privileges and immunities as set forth in F.S._ 768.28. Insurance
under this division shall run continuously with the presence of the
registrant's facilities in the public rights-of-way, and any termination or
lapse of such insurance shall be a violation of this division and subject to
the remedies as set forth herein. Notwithstanding the foregoing, the
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County may, in its sole discretion, require increased or decreased levels of
insurance.
Performance Cash Bond to Guarantee Compliance. For an effective registration,
a registrant shall file with the County, for County approval, a performance bond in
the amount of fifty thousand dollars ($50,000), in the form of a cash deposit. The
performance cash bond is not intended to be a tax fee charge or other imposition
on a registrant in its capacity as a dealer of communications services, as may be
applicable, in violation of Section 202.24 F.S. as amended. Rather, the cash
deposit shall be held in a separate, non-interest bearing account and shall be used
by the County soleIV to guarantee the full and faithful performance bV the
registrant of all requirements, duties and obligations imposed upon the registrant
as a result of placing or maintaining facilities in the public rights-of-way pursuant
to this Ordinance including but not limited to re uirements to restore the public
rights-of-way and guarantee such restoration, remove any abandoned
communications facilities, indemnify the County, pay appropriate compensation
to the County for use of County utility poles, and pay for any damage to County or
other facilities in the public rights-of-way. Should the County draw upon the bond,
the County shall promptly notify the registrant, and the registrant shall promptly
restore the cash deposit within ten (10) business days, as may be necessary, to the
full amount. In the event a registrant fails to perform its duties and obligations
imposed upon the registrant by the provisions of this Ordinance, subject to
provisions for notice in this Ordinance there shall be recoverable from the bond
any damages or loss suffered by the County as a result, including the full amount
of any compensation, indemnification or cost of removal or abandonment of any
property of the registrant, plus a reasonable allowance for attorneys' fees _up to
the full amount of the bond. The County may pursue all enforcement remedies,
including but not limited to, withholding all permits, until a registrant is in
compliance with this subsection. A registrant may request that the County return
the cash bond or approve the cancellation of the cash bond upon the expiration
of a registrant's obligations pursuant to the County Code and in no event while a
registrant maintains any obligations with respect to facilities in the public rights-
of-way.
ll Review of Registration. The Count shall review the information submitted by the
registration applicant. If the applicant submits information in accordance with
subsection 44-4(b),the County shall notify the applicant of the effectiveness of
registration in writing. if the County determines that the information has not been
submitted in accordance with subsection 44-4(b), the County shall notify the
applicant in writing of the non -effectiveness of registration, and reasons for the
non -effectiveness. The County shall undertake to so notify an applicant within 30
days after receipt of registration information from the applicant. A notice of non -
effectiveness of a registration shall not preclude an applicant from reapplying or
62
filing subsequent applications for registration under the provisions of this
Ordinance.
Regulations Applicable to Registrations.
u A registration shall not convey any title, equitable or legal, in the public
rights-of-way. Registration under this Ordinance governs only the
placement or maintenance of communications facilities in public rights-
of-way. To the extent not inconsistent with applicable law, registration does
not excuse a communications services provider from obtaining
appropriate access or pole attachment agreements before locating its
facilities on the County's or another person's facilities. Within 30 days of
anV change in the information required to be submitted bV a registrant, a
registrant shall provide updated information to the County.
L2� Registration shall be nonexclusive. Registration shall not establish an
right or prioritV to place or maintain a communications facilitV in an
particular area in public rights-of-way within the County. Registrations are
expressly subject to any future amendment to or replacement of this
Ordinance, and further subject to any additional County ordinances, as
well as any applicable state or federal laws.
u Unregistered use of public rights of way. To the extent that a
communications services provider, wireless infrastructure provider or
pass-through provider with facilities in the public rights-of-way, is not
registered as required herein, said person shall register with the Count
p.uLrsuant to this Ordinance within ninety 90 days from the effective date
of this Ordinance. No new permits shall be issued to unregistered persons
with communications facilities within the public rights-of-way and such
Persons may be sub'ect to the enforcement remedies.
jj� Registration renewal. A registrant shall renew its registration with the
County by March 1 of even -numbered years in accordance with the
registration requirements in this Ordinance, as may be amended, except
that a registrant 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 until
the next even -numbered year. 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 County
restricting the issuance of additional permits and shall prohibit a registrant
from performing maintenance of existing facilities within the rights of way
until the communications services provider has complied with the
registration requirements of this Ordinance. An existing registrant
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pursuant to applicable law shall comply with this Ordinance by the earlier
of the following: ninet 90 daVs from the effective date of this Ordinance
the renewal of a registration as required herein, or prior to submitting an
application or a permit.
ll Indemnification. A registrant shall at its sole cost and expense, indemnify,
hold harmless and defend the County, its officials, boards, members,
agents and employees, against any and all claims, suits, causes of action,
proceedings, judgments for damages or equitable relief, and costs and
expenses incurred by the County arising out of the placement or
maintenance of its communications system or facilities in public rights-of-
way, regardless of whether the act or omission complained of is
authorized, allowed or prohibited by this Ordinance, provided however,
that a registrant's obligations hereunder shall not extend to anV damages
caused solely by the gross negligence or wanton or willful_ acts of the
County This provision includes, but is not limited to, the County's
reasonable attorneys' fees incurred in defending against any such claim
suit or proceedings. County agrees to notify the registrant, in writing,
within a reasonable time of County receiving notice, of any issue it
determines may require indemnification. Nothing in this division shall
prohibit the County from participating in the defense of any litigation by
its own counsel and at its own cost, if in the County's reasonable belief
there exists or ma exist a conflictpotential conflict or appearance of a
conflict. Nothing contained in this Ordinance shall be construed or
interpreted:
i. as denying to either party any remedy or defense available
to such party under the laws of the state of Florida;
H. as consent by the County to be sued; or
iii. as a waiver of sovereign immunity bevond the waiver
provided in F.S. §758.28, as it may be amended.
(6) A registrant may cancel a registration upon written notice to the County
that the registrant will no longer place or maintain anV communications
facilities in public rights-of-way, and will no longer need to obtain permits
to perform work in the public rights-of-way. A registrant cannot cancel a
registration if the registrant continues to place or maintain any
communications facilities in public rights-of-way.
171 Liens. No liens shall apply to public rights-of-way or County Propertyas a
result of the placement or maintenance of a registrant's facilities in the
public rights-of-waV or on a CountyuCility pole. Any liens on a registrant's
facilities shall be subordinate to the rights of the County pursuant to this
Ordinance. In the event any liens are filed on the County property or public
64
rights-of-way, the registrant shall discharge such lien at its expense within
ten (10) days of receiving notice, or the County may discharge such lien,
and charge such costs plus reasonable attorney's fees to registrant.
(8) A registrant shall pay any personal property or other taxes or assessments
that may be imposed on the registrant's facilities placed or maintained in
the public rights-of-way or on the County's property including a utility pole
as a result of a registrant's collocation on a CountV utilitV pole. A registrant
shall reimburse the County for taxes paid by the County as a_result _of a
registrant's facilities being placed or maintained in the public rights-of-way
or on a County utility pole.
ll Reports and records.
(a) Upon reasonable request, a registrant shall provide the following
documents to the County as received or filed:
Any pleadings, petitions, notices, and documents, which
may directly impact the obligations under this Ordinance
and which are reasonably necessary for the County to
protect its interests under this Ordinance.
ii. Any request for protection under bankruptcy laws, or any
iudgment related to a declaration of bankruptcy.
The County shall keep any documentation, books and records of
the registrant confidential to the extent required under Florida
Statutes.
10 Termination of Registration. The County may terminate_a registration if:
a A federal or state authority suspends, denies, or revokes a
registrant's certification or license required to provide
communications services;
ll The registrant's placement or maintenance of a communications
facility in the 12ublic rights-of-way resents an extraordinary threat
to the health, welfare or safety to the general public or_other _users
of the public rights-of-way and the registrant fails to remedy the
health, welfare or safety concern promptly after receipt of written
notice;
Lc The registrant abandons its facilities in the public rights-of-way; or
ll The registrant commits substantive and material violations of an
of the provisions of applicable codes including but not Limited to
this Ordinance.
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LL11 Notice of intent to terminate. Prior to termination the County shall notify
the registrant with a written notice setting forth all matters pertinent to
the proposed termination action, including the reason therefore. The
registrant shall have thirty 30 days after receipt of such notice within
which to address or to eliminate the reasons or within which to present a
plan, satisfactory to the County, to accomplish the same and to take such
steps as are necessary to render every portion of the facilities remaining in
the public rights-of-way of the County safe. If the plan is remected bV the
County, the County shall provide written notice of such_relection within
fifteen (15) days of receipt of the plan to the registrant and shall make a
final determination as to termination of the registration and the terms and
conditions relative thereto.
12 Post termination action. In the event of termination following any appeal
period, the former registrant shall: (a) in accordance with the provisions of
this Ordinance and as may otherwise be provided under state law, notify
the County of the assumption or anticipated assumption by another
registrant of ownership of the registrant's communications facilities in the
public rights-of-way: or (b) provide the County with an acceptable plan for
removal or disposition of its communications facilities in the public rights-
of-way and restore the public rights-of-waV to its condition immediate)
prior to the removal. If a registrant fails to comply with this subsection,
the communications facilities are deemed to be abandoned and the
County may exercise any remedies or rights it has at law or in equity as
well as the County's remedies pursuant to this Ordinance, including but
not limited to, utilize or allow other persons to utilize the registrant's
facilities. The obligations of the registrant hereunder shall survive the
termination of a registration. A registrant that has its registration
terminated by the County under this Ordinance may reapply for
registration one (1) year after the termination date of the prior
registration, unless otherwise permitted to reapplV at the sole discretion
of the County.
13 When removal is not authorized or required. In the event of termination
of a registration, this Ordinance does not authorize the County to cause
the removal of communications facilities used to provide another service
for which the registrant or another person who owns or exercises physical
control over the communications facilities holds a valid certification or
license with the governing federal or state agency, if required, for the
provision of such service, and is registered with the County, if required. If
a person other than a registrant will own or exercise control of facilities
remaining the public rights-of-way, such person shall register with the
County pursuant to this Ordinance within ten (10) days. of acquiring such
ownership or control.
66
14 Transfer or control, sale or assignment of assets. If a registrant transfers,
sells or assigns its registration or its facilities in the public rights-of-way,
incident_ to a transfer, sale or assignment of the registrant's assets, the
transferee, buyer or assignee shall be obligated to comply with the terms
of this Ordinance. Written notice of any such transfer, sale or assignment
shall be provided to the County within „twenty (20) days of the effective
closing date of the transfer, sale or assignment. If the transferee, buyer or
assignee is a current registrant, and is in compliance with the provisions of
this Ordinance, then the transferee, buyer or assignee is not required to
re -register. If the transferee, buyer or assignee is not a current registrant,
or has an effective registration that is not in compliance with this
Ordinance. as it may have been amended, then the
transferee, buyer or
assignee shall register as provided in this Ordinance within sixty (60) days
of the transfer, sale or assignment. If permit applications are pending in
the registrant's name, the transferee, buyer or assignee shall notify the
appropriate County officials that the transferee, buyer or assignee is the
new applicant.
15 Pledges in trust or mortgages of the registrant may be made to any person
with _notice to the County. Any mortgage, pledge, lease or other
encumbrance on the communications facilities shall be subiect and
subordinate_ to the rights of the County under this Ordinance and
applicable law.
LL61 County makes no warranties or representations regarding the fitness,
suitabilitV or availability of ublic rights-of-way for the registrant's
communications facilities, and any performance of work or costs incurred
by registrant or provision of services shall be at registrant's sole risk.
Nothing in this Ordinance shall affect the County's authority to add vacate
or abandon public rights-of-way, and the County makes no warranties or
representations regarding the availability of any added, vacated or
abandoned public rights-of-way for communications facilities.
17 Conditional use of public rights-of-way.
Lal In the event registrant desires to use its existing facilities or to
construct new facilities for the purpose of providing other utility
or non-utility services to existing or potential consumers or
resellers, by providing any other services other than the provision
of communications service or for providing any other use to
existing or potential consumers a re istrant shall seek such
additional and stearate authorization from the County for such
activities as may be required by applicable law.
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ll To the extent that any person or registrant leases or otherwise
uses the facilities of a oerson that is dulv registered or otherwise
authorized to place or maintain facilities in the public rights-of-
way of the County, such person or registrant shall make no claim,
nor assert any right which will impede the lawful exercise of the
County's rights, including requiring the removal of such facilities
from the Public rights-of-way of the County, regardless of the
effect _on__registrant's ability to place or maintain its own
communications facilities in public rights-of-way of the County.
Sec. 44-5. Requirement of a Permit.
(a) In accordance with applicable law, County ordinances, codes, regulations, and
County Rights -of -Way Standards and Specifications including this Ordinance, a
right-of-way use permit issued by the County shall be required for a
communications services provider, communications facility provider or a pass-
through to place or to maintain a communications facility in the public rights-of-
way unless otherwise exempt pursuant to this Ordinance. An effective
registration shall be _acondition of obtaining a permit. Notwithstanding an
effective registration, permitting requirements shall continue to apply. A permit
may be obtained by or on behalf of a registrant having an effective registration if
all permitting requirements are met. A registrant shall not commence to place or
to maintain a communications facility in the public rights-of-way until all
applicable permits have been issued by the County or other appropriate authority.
To the extent not prohibited by applicable law, a registrant shall provide notice to
residents or businesses on ad'acent properties within one hundred 100 feet of
the location of the proposed ground -mounted small wireless facility or new utility
pole for collocation of a small wireless facility, by providing a door hanger on such
residences or businesses. Such door hangers shall be placed within one week of
submitting apermit application and shall include a description and location of the
proposed facility and contact information for the Registrant. A registrant shall
comply with all County re uirements for issuing permits, including reasonable
rules or regulations governing the placement or maintenance of a
communications facility in public rights-of-way. Permits shall apply only to the
areas of public rights-of-waV specifically, identified in the permit. The CountV ma
issue a blanket permit to cover certain activities, such as routine maintenance and
repair activities, that may otherwise require individual permits or may impose
lesser requirements.
Limited Exceptions from Permit Requirement.
ll In the case of an emergency, a registrant shall notify the County as soon as
possible, not to exceed 24 hours, of the emergency work taking place. The
term EMERGENCY shall mean a condition that affects the public's health,
68
welfare, which includes an unplanned out -of -service condition of
a pre-existing service. Registrant shall complete the County right-of-way
use permit application form within 72 hours and will be issued an "After
the Fact" permit. The application shall meet all the requirements of a right-
of-way use permit for non -emergency work as described in this ordinance.
Any MOT required for emergency work shall meet the requirements of the
latest edition of the FDOT 600 Series Standard Drawings and the Manual
on Uniform Traffic Devices.
L�j A registrant shall be allowed to perform routine maintenance within the
public rights-of-way if such proposed routine maintenance does not
involve excavation, construction, or disruption to transportation in the
public rights-of-waV, including but not limited to vehicle bicycle and/or
pedestrian facilities. In the case of routine maintenance, for purposes of
coordination, a registrant shall provide notice to the County within 48
hours in advance identifying the areas where „such maintenance will occur,
scope of maintenance dates and duration of work to be performed. If
routine maintenance requires the closure of the public rights-of-way, a
permit shall be required. If there are significant changes to the registrant's
facility, as -built drawings shall be provided to the CountV within ten 10
business days.
(3) A permit shall not be required for replacement of existing wireless facilities
with wireless facilities that are substantially similar or of the same or
smaller size. A registrant shall provide 48 hours' notice to the County prior
to the work being done. As -built plans shall be provided to the County
within ten (10) business days.
ll A permit shall not be required for the installation, placement,
maintenance, or replacement of micro wireless facilities that are
suspended on cable strung between existing utility poles in the public
rights-of-way, in compliance with applicable codes_ by or for a
communications services provider „authorized to occupy the public rights-
of-way and who is remitting communications services tax under Chapter
202, Florida Statutes. Prior to placing a micro wireless facility in the public
rights-of-way pursuant to this subsection at least thirty (30) days prior to
commencing said work, the registrant shall submit a certification of the
micro wireless facility's dimensions to the County,for review. A registrant's
submission to demonstrate a micro wireless facility's dimensions ma
apply to all identical micro wireless facilities sought to be placed in the
public rights-of-way by such registrant, and the registrant is not required
to submit a new certification or manufacturer's specifications confirming
a micro wireless facility's dimensions unless the registrant seeks to place a
micro wireless facility by a different manufacturer or with different
69
dimensions in the public rights-of-way. If the micro wireless facility's
dimensions. exceed the dimensions to constitute a micro wireless facility,
the registrant shall not be authorized to place such facility in the public
rights-of-way. As -built plans shall be provided to the County within ten (10)
business days.
ll The County Administrator may cause an immediate stop work order where any
permitted or unpermitted construction or other work in the public rights-of-way
poses a serious threat to the health safetv or welfare of the public until such
serious threat has been abated. Failure to comply with such order may subject a
registrant, and its agents, employees, and contractors as applicable to appropriate
enforcement remedies as set forth in this Ordinance and applicable law.
Sec. 44-6. Permit Application Requirements and Review Procedures.
(a) Pre -submittal meeting. To minimize issues related to a permit application, prior
to submitting materials for a permit application„, a registrant shall conduct a pre -
submittal meeting with the Coy_gty to discuss the registrant's plans and network
goals for placing or maintaining facilities in the public rights-of-way. The Countv
shall undertake efforts to accommodate a registrant's request for a pre -submittal
meeting within ten (10) business days of a request. At a registrant's request, the
CountV, in its sole discretion maV waive the requirement of a re -submittal
meeting for good cause based on the scope of the proposed permit and
registrant's compliance with this Ordinance. In no event shall the requirement of
a re -submittal meeting be waived for a consolidated permit.
(b) Application requirements for all other communications facilities in the public
rights-of-way. As part of any permit application to place or maintain any facility
pursuant to this Ordinance in the public rights-of-way, a registrant or a registrant's
agent or contractor shall grovide a permit application that sets forth the
information on the County's permit application form as it may be amended,
including, at a minimum, the following:
(1) The applicant for the permit must be the registrant. The County does not
accept an application in which a contractor applies on behalf of a registrant
or owner of the facilities. Contractors may perform work authorized by a
permit in compliance with the County's applicable codes, including but not
limited to, County Rights -of -Way Standards and Specifications.
fh Confirmation that the applicant engaged in a re -submittal meeting or
such meeting was waived by the County, that the applicant notified
residents and businesses on adjacent properties, if applicable, and that the
applicant has an effective registration with the County. _
70
(3) Engineering plan. An engineering plan signed and sealed by a Florida
licensed engineer that includes the followine:
(a) For new facilities to be located that are not collocated on existing
facilities in the public rights-of-way, topographic or other type of
survey listed on the permit application form demonstrating that
the proposed location of the facility or utility pole is within the
public rights-of-way, unless waived by the County in its sole
discretion, pursuant to an applicant's attestation that the proposed
facility is located within the public rights-of-way;
The type of proposed facility, location of the proposed facility, and
the dimensions height, footprint, stealth design, structural
integrity analysis or manufacturer's specifications, and
concealment features of the proposed facility;
ll The Global Positioning System (GPS) coordinates of the proposed
facility. The GPS coordinates shall be based on the reading from a
survey grade 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;
ll Whether the Proposed facility is proposed within a location subject
to restrictions Dursuant to subsection 44-9(b) of this Ordinance:
ll Distances between the proposed facility and the edge of nearby
moment, sidewalks, driveways, ramps, the nearest residential
properties, nearby drainage systems, trees, ground -mounted
equipment, nearby structures in the public rights-of-way,
underground utilities and other above -grade and below -grade
structures and utilities located within the public rights-of-way;
For new communications facilities, within 100 foot radius, a plan
showing pavement sidewalks, driveways, ramps trees, below-
grade
elow-
rg ade utilities, and other above -grade and below -grade structures
and facilities located within the public rights-of-way;
1?� Sufficient specificity demonstrating compliance with applicable
codes. the Florida Building Code. most current edition. specifically
including but not limited to terms of compliance with the High
Velocity Zone Criteria specified therein, and all applicable codes,
including the 2010 Florida Department of Transportation Utility
Accommodation Manual, as applicable; National Electrical Code,
the National Electrical Safety Code and the "Safety Rules for the
Installation and Maintenance of Electrical- Supply and
Communication Lines" established by the Department of
Commerce, Bureau of Standards of the United, States, and County
Rights -of -Way Standards and Specifications, as may be amended;
71
The routes of all transmission and distribution lines to be placed or
maintained in the public rights-of-way in connection with the
Proposed facility (such lines may be subject to separate permit
requirements);
Certification that the proDosed facility will not materially interfere
with the safe operation of traffic control equipment;
Certification that the proposed facility will not interfere with sight
lines or clear zones for transportation, pedestrians, or public safet
purposes or result in the public rights-of-way being inconsistent
with the Florida Greenbook;
Certification that the proposed facility will not materially interfere
with compliance with the Americans with Disabilities Act or similar
federal or state standards regarding edestrian access or
movement;
Signed and sealed plan showing conformance with the County
Mghts-of-Way Standards and Specifications; and
Lm Other engineering information that may be requested by the
County.
u Trees or landscaping to be removed or impacted upon the placement or
maintenance of the proposed facility.
ll Photographic or video documentation of the re -construction condition of
the public rights-of-way in the area to be affected by the installation of the
proposed facility.
ll Description of installation or construction. A description of the method b
which the facility will be installed and/or modified i.e. anticipated
construction methods or techniques).
ll Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, designed by a holder of an FDOT TemporarV Traffic
Control Advanced Maintenance of Traffic Certificate if applicable, to
accommodate placement or maintenance of the facility.
ll Temporary maintenance of traffic (MOT) plan. The applicant shall provide
a temporarV traffic lane closure and maintenance of traffic MOT Ian
designed by a holder of an FDOT Temporary Traffic Control Advanced
Maintenance of Traffic Certificate if applicable, to accommodate
placement or maintenance of the facility. The MOT plan shall be prepared
in conformance with the Florida Greenbook FDOT Index and Standard
Specifications, Federal HighwaV Administration Manual of Uniform Traffic
Control Devices MUTCD and County Rights -of -Way Standards and
Specifications. if a road closure is necessary,the detour and MOT shall be
72
designed and signed and sealed by a Florida Licensed Engineer. Road
closures must be coordinated with the County a minimum of two weeks in
advanced of the fanned work.
li 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 by a Florida Licensed Engineer. Such good faith
estimate shall be accepted by the County unless the County 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 or landscaping removal shown on the permit shall not be
considered damage or impairment to be restored to the original condition
provided the applicant complies with the approved mitigation plan, if any.
10 Timetable for construction or installation. The timetable for construction
placement or maintenance of the proposed facility or each phase thereof..
11 indemnification. A statement shall be included with the permit application
that by execution of the application and by applying for the permit the
applicant shall be bound to the County with respect to the indemnification
provisions set forth in subsection 44-4(f)(5).
12 Air ort airspace protection. If applicable, the applicant shall confirm
compliance with Chapter 333 F.S. and all County,State and federal laws
and regulations pertaining to airport airspace protections.
13 Attestation. For applications by a wireless infrastructure provider or its
contractor for the placement or maintenance of a utilitv pole in the public
rights-of-way for collocation of a small wireless facility, the applicant shall
provide an attestation by an officer of the registrant that a small wireless
facilitV will be collocated on the utility ole and will be used by a wireless
services provider to provide communication service within nine (9) months
after the date the application is approved.
14 Pole attachment agreement. If applicable for the Proposed facility, the
applicant shall identify the owner of the utility ole and except for
applicants whose pole attachments are regulated by 47 U.S.C. § 224 the
applicant shall demonstrate authority to attach to such owner's utility ole
73
by providing a copy of a fully executed valid pole attachment agreement
between the owner of the utility pole and registrant. In lieu of providing
the, complete pole attachment agreement between the owner of the utility
pole and registrant, 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 utility pole, providing adequate identifying
information, acceptable to the County, and indicating the registrant is
authorized to install its facility on the identified utility pole. Compliance
with this requirement by an applicant shall satisfy all applications
submitted bV such applicant to attach to such owner's utility poles. B
submitting an application to collocate on a utility pole, the applicant is
certifying to the County that it has the utility pole owner's authority.
15 Information regarding height limitations. For an application for a new
utility pole to support the collocation of a small wireless facility, the
applicant shall provide information regarding the heights of the tallest
utility pole located in the same public rights-of-way as of July 1, 2017,
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 utility pole as of July 1, 2017, the
applicant shall so certify.
16 If the permit application includes a backup power supply, information to
demonstrate that the backup power supply and proposed fuel storage
satisfies the applicable provisions of the County Code and the Florida
Building Code, as they may be amended.
IL71 In addition to the requirements herein, as part of any permit application
to place or maintain a small wireless facility in the public rights-of-way, the
applicant shall provide the following:
(aa) Documentation to the satisfaction of the County from a Florida
licensed engineer, that the structure and foundation of the utility
Dole intended to support the collocation of the small wireless
facility can support the additional load of the proposed small
wireless facilitV consistent with the re uirements of the Florida
Building Code;
ll Certification and description by the applicant to the satisfaction of
the County how the proposed small wireless facility complies with
the objective design standards set forth in this Ordinance.
(c) Accurate photo simulations of the proposed small wireless facility
and if applicable, as collocated on the utility pole.
18 Applicable permit fees including reimbursement for County consultants, to
the extent not inconsistent with applicable law.
74
19 Consolidated permit application and single application for multiple
locations. A registrant may submit a single application to place or to
maintain multiple facilities in the public rights-of-way, where it would be
more efficient for the registrant and the County to address multiple
facilities in one permit application. An applicant seeking to collocate
multiple small wireless facilities may file a consolidated permit application
and receive a single permit for the collocation of up to thirty 30 small
wireless facilities. The application must include the information required
for an application each for all proposed small wireless facilities. In
additionprior to applying for a consolidated permit, the applicant must
engage in a pre -submittal meeting with the County to discuss all proposed
small wireless facilities, the proposed locations, and shall be prepared to
provide information required by the County for such pre -submittal
meeting. If the application includes multiple small wireless_ facilities! the
County rnaV separately address small wireless facility collocations for
which incomplete information has been received or which are denied.
20 To the extent not inconsistent with applicable law, such additional
information requested by the County reasonably necessary for the permit
application.
I Application Review and Procedures.
ll Review procedures for applications for small wireless facilities or for utility
poles for collocation of small wireless facilities. Time periods within this
subsection may be extended for the period of time impacted by a force
maleure event or by a declared State of Emergency by the County or
Governor of the State that impacts the County ("force maleure event"). If
an applicant takes the position that the force maieure event does not
extend the time periods within this Ordinance, it shall so notify the County
within twenty-four (24) hours of the occurrence of such force majeure
event, or the applicant shall be deemed to have consented to such
extension required by the force maleure event.
(a) Unless extended by mutual consent of the applicant and County,
within 14 days after receiving an application, the County Engineer
will notify the applicant by electronic mail as to whether the
application is complete. If an application is deemed incomplete,
the County will specifically identify the missing information. An
application is deemed complete if the County fails to provide
notification to the applicant within 14 days.
ll Negotiation Process.
75
ill Unless extended by mutual consent of the applicant and the
County, within 14 days after the date of filing the
application, the County may request that the proposed
location of a small wireless facility be moved to another
location in the right-of-way and placed on an alternative
County utility pole or support structure or may place a new
utility pole. The County and the applicant may negotiate
the alternative location, including any objective_. design
standards and reasonable spacing requirements for
ground-based equipment, for thirty (30) days afterthe date
of the reauest.
ll At the conclusion of the negotiation period, if the
alternative location is accepted by the applicant, the
applicant must notify the County of such acceptance and
the application shall be deemed granted for any
location for which there is agreement and all other
locations in the application.
u If an agreement is not reached, the applicant must notify
the Countv of such nonaereement and the Countv must
grantordeny the original application within ninety 90
days after the date the application was filed unless
extended by mutual consent of the applicant and County.
Failure of the applicant to so notify the County as required
herein shall be deemed to constitute the applicant's
refection of the County's alternative location. A request for
an alternative location, an acceptance of an alternative
location. or a reiection of an alternative location must be in
writing and provided by electronic mail.
(c) The County processes all applications on a nondiscriminatory basis
consistent with applicable law. Unless the County _and the
applicant engage in negotiations as provided above, the County will
approve or deny the application and will notify the applicant by
electronic mail whether the application is approved or denied
within 60 days after the receipt of a completed application.
Extension of time. If the County and the applicant do not engage in
negotiations, the applicant and County may mutually agree to
extend the 60 -day application review period. The County shall
grant or deny the application at the end of the extended period.
ll The County may deny a proposed collocation of a small wireless
76
facility in the public rights-of-way if the proposed collocation:
ll Materially interferes with the safe maintenance and
operation of traffic control equipment
Materially interferes with sight lines or clear zones for
transportation, pedestrians, or public safety purposes;
ll Materially interferes with compliance with the Americans
with Disabilities Act or similar federal or state standards
regarding pedestrian access or movement;
ll Materially fails to comply with the 2010 edition of the
Florida Department of Transportation Utility
Accommodation Manual: or
LQ Fails to comply with applicable codes.
Cure Procedure.
ll If the application is denied, the County will specify the basis
for the denial, including the specific code provisions on
which the denial was based on the day the County denies
the application.
The applicant may cure the deficiencies identified by the
CountV and resubmit the application within thirt 30 daVs
after the notice of denial is sent. Failure to resubmit the
application within thirty (30) days shall result in the
application being deemed withdrawn.
ll If an attempt to cure is made by the applicant, the County
will approve or deny the revised application within 30 days
after receipt of the revised application. If the applicant
revises any information in the application other than to
address expressly the deficiencies identified by the County,
the applicant shall submit a new application.
ll The County's second and subsequent reviews of revised
applications will be limited to the deficiencies cited in the
denial notice.
jgj A permit issued pursuant to an approved application shall remain
in effect for one 1 year unless otherwise extended -suspended, or
revoked by the Countv pursuant to this Ordinance. If a small
77
wireless facility or utilitV pole is installed without a permit pursuant
to applicable state or federal law, the applicant shall nevertheless
be required to have an effective registration, comply_ with
development standards and provide the performance bond
required in this Ordinance prior to performing construction.
ll A permit from the County constitutes authorization to undertake
onIV certain activities in the public rights-of-waV in accordance with
this Ordinance, and does not create a property right or grant
authority to impinge upon the rights of others who may have an
interest in the public rights-of-way.
ll Review procedures for applications for all other communications facilities.
The County shall review and process applications for other
communications facilities consistent with applicable law.
ll Suspension and revocation of permits.
Lal The County may order the suspension of placement and
maintenance work under a permit and ultimately may suspend or
revoke anv permit, in the event of a material breach of the terms
and conditions of any applicable codes including but not limited to
this Ordinance State and federal laws and regulations, or an
condition of the permit. A material breach by the permittee may
include but is not limited to:
(1) The violation of any material provision of the permit or
applicable codes!
ll An evasion or attempt to evade any material provision of
the permit or the perpetration or attempt to perpetrate any
fraud or deceit upon the County.'
(3) Any material misrepresentation of fact in the process of
permittee's request for a permit or Registration;
(4) The failure to maintain the required performance cash bond
or insurance;
(5) The failure to meet and maintain Maintenance of Traffic
(MOT) requirementsi
The failure to meet and maintain _pedestrian safety
requirements:
The failure to properly restore the Public Rights-of-way;
The failure to correct within the specified time_an_order
issued by the County
The failure to register, renew a registration, or provide
notice of transfer in accordance with this Ordinance;
L101 The failure to relocate or remove facilities pursuant to this
Ordinance and Sections 337.402, 337.403 and 337.404, F.S.,
78
as amended;
11 Conducting work in the public rights-of-way without_ a
permit, if required.
ll If the County determines that a registrant has committed a
substantial breach of a term or condition of the permit or violation
of applicable codes including but not limited to this Ordinance the
County shall make a written demand upon the registrant to
remedy such violation. The demand shall state that the
continued violations may be cause for suspension or revocation of
the permit. Further, the County may place additional or revised
permit conditions on the permit following a substantial breach. In
addition, the County may refuse to issue new permits and may
deny an application for a new permit to a registrant that has
materially violated any provisions of a permit or applicable codes
including but not limited to this Ordinance, until such time as the
registrant cures the violation to the satisfaction of the County,
including paying any damages, costs or penalties that may have
been assessed.
c) Within twenty-four (24) hours of receiving notification of the
breach the permittee shall contact the County and provide a plan,
acceptable to the County. The County shall provide additional time
as reasonabIV necessary fora permittee to establish an acceptable
plan taking into account the nature and scope of the alleged
breach. Thepermittee's failure to so contact the County, or the
permittee's failure to submit an acceptable plan, or the permittee's
failure to reasonably implement the approved plan, shall be cause
for revocation or suspension of the permit. A final determination
to suspend or to revoke a permit may be appealed in accordance
with the procedures set forth in this Ordinance. Nothing herein
shall affect the County's ability to take immediate action or to
cause a registrant to take immediate action pursuant to this
Ordinance or applicable law to address any condition that
threatens the health safety or welfare of persons or property.
(d), If a permit is revoked, the permittee shall reimburse the Count
for the County's reasonable costs including restoration costs
administrative costs, and the cost of collection. These cost may
also be deducted from the registrant's cash bond in the County's
discretion.
ll The County may cause an immediate stop work order where
the construction poses a serious threat to the head h _safety or
79
welfare of the public until such time as such serious threat has been
abated.
ll Requests for waivers.
(a) Nothing in this Ordinance shall be construed to prohibit or have the
effect of prohibiting the nondiscriminatory and competitively
neutral use of public rights-of-way by communications service
providers, communications facility providers or pass-through
providers. in violation of federal or state law.
A waiver may be granted by the County in those circumstances
where a competitively neutral use of the public rights-of-way is
impaired by strict application of the requirements of this
Ordinance.
Lcj A request for a waiver shall be filed _either prior to or
contemporaneously with the permit application. The reauest for
waiver shall contain each provision for which a waiver is sought. A
reguest for a waiver shall include the following information:
ll A detailed explanation, with supporting engineering by a
Florida licensed engineer or other data, as to why a waiver
from the requirements of this Ordinance is required to
allow the applicant to have nondiscriminatory and
competitively neutral use of the public rights-of-way,
including a detailed explanation addressing the relevant
engineering criteria;
(2) Nature and characteristics of the surrounding
neighborhood;
ll Any special conditions and circumstances affecting the
proposed site which prevent compliance with the
Ordinance or subsection for which a waiver is being sought:
ll If applicable, topography, tree coverage and foliage in the
immediate surrounding area of the proposed facility or
within the surrounding neighborhood:
Design of the proposed facility with particular reference to
achieving compatibility with the surrounding neighborhood
and other structures in the public rights-of-wav and
eliminating adverse visual impacts;
80
(6) If the proposed waiver is compliant with the Americans
With Disabilities Act, 42 U.S.C. Sec. 12101, et seq., and
applicable codes;
(7) Any other information the County may reasonably require
to process the reauest for waiver.
ll The County shall grant or deny a request for a waiver within forty-
five (45) days after receiving the request for waiver or time frame
under applicable law unless the applicant and County consent to an
extension. In granting any waiver, the County may impose
conditions to the extent the County determines such conditions are
necessary to minimize any adverse effects of the proposed facility
on the surrounding neighborhood or to protect the health, safety
and welfare of the public.
(e) Should a request for waiver, and ultimately a permit, be denied by
the County, the denial of the waiver may be appealed with an
appeal of the permit denial in accordance with this Ordinance.
ll Appeals. Final, written decisions of a designee of the County
Administrator, including but not limited to, a decision suspending,
revoking, or denying a permit, denying a registration, denying a renewal of
a registration, suspending or terminating a registration or denying a
request for a waiver, or imposing costs or a fine, are subject to appeal to
the County Administrator, An appeal must be filed with the County
Administrator within thirty (30) days of the date of the final, written
decision to be appealed. An applicant shall waive any appeal that is not
timely filed as set forth herein. The County Administrator shall hear or may
appoint a hearing officer to consider the appeal. The decision on appeal
shall be based on the information submitted oreviously to the Countv and
no new information shall be considered. Subiect to a force majeure event,
the hearing shall occur within 30 days of the receipt of the appeal, unless
waived by the applicant, and a written decision shall be rendered within
20 days of the hearing. An appeal from a decision of the County
Administrator or a hearing officer may be appealed to the County Board of
Adjustment. An appeal must be filed with the County Board of Adjustment
within thirty (30) days of the date of the final, written decision to be
appealed. An applicant shall waive any appeal that is not timely filed as
set forth herein. The County Board of Ad'ustment's decision on appeal
shall be based on the information submitted previously to the County and
no new information shall be considered. Subject to a force majeure event,
the hearing shall occur within 30 days of the receipt of the appeal, unless
81
waived by the applicant and a written decision shall be rendered within
A
20 days of the hearing. nappeal from a decision of the CountV Board of
Adjustment may be appealed to a court of competent jurisdiction.
Sec. 44-7. Construction Performance bond.
ll Prior to the issuance of any permit in accordance with this Ordinance or
performing any work in the public rights-of-way, either pursuant to a permit or
without a permit if authorized by applicable law except in the case of an
emergency pursuant to this Ordinance, a registrant shall establish in. the County's
favor a construction performance bond to secure the restoration of the public
rights-of-way, and to ensure the registrant's faithful performance of the
construction or other work in the public rights-of-way, in accordance with
applicable sections of the County Code. The construction performance bond must
name the County 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 Ordinance during and through
completion of the placement or maintenance project. The construction
performance bond shall be in an amount as determined by the County Engineer
based on the estimated costs of the restoration of the public rights-of-way. No
construction performance bond is required if the estimated costs of the
restoration of the public rights-of-way is less than one thousand dollars {$11000}
provided the registrant has a fully replenished performance cash bond on file with
the County pursuant to subsection 44-4(d). For wireless facilities,including
wireless facilities where the application has been deemed approved pursuant to
this Ordinance, the construction performance bond shall be in an amount of the
estimated costs of the restoration of the public rights-of-way following installation
or removal of such facility, but in no event shall be less than five thousand dollars
($5,000). For a consolidated permit, the registrant shall provide a construction
performance bond based on the amount of the total costs of the restoration of
the public rights-of-way for all small wireless facilities to be collocated on utility
poles within the public rights-of-way, but in no event shall be less than ten
thousand dollars ($10,000). The minimum amount of the construction
performance bond for a new or replaced utility pole or small wireless facility over
six (6) cubic feet shall be twenty-five thousand ($25,000) dollars. The construction
performance bond shall be issued by a surety licensed to operate in Florida having
a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, and
shall be subject to the approval of the CountV Attorne .
In the event a registrant subject to a construction pelformance bond fails to
complete the work in a safe, timely and competent manner in accordance with
the provisions of the permit or County code, there shall be recoverable, jointly and
severally from the principal and surety of the bond, any damages or loss suffered
by the County as a result, including the full amount of any compensation,
82
indemnification or cost of removal or abandonment of any property of the
registrant, or the cost of completing the work plus a reasonable allowance for
attorney's fees, up to the full amount of the bond.
(c) The construction performance bond must be issued as non -cancelable and shall
provide the following: "This bond may not be canceled, or allowed to lapse, until
60 days after receipt by the County, by certified mail, return _receipt _reeLuested, of
a written notice from the issuer of the bond of intent to cancel or not to renew."
The construction performance bond shall be for a term of not less than one-year
after the anticipated date of the later of completion of construction, restoration
and County inspection. In the event the term of any construction performance
bond expires, or is reasonably expected to expire, prior to one-year after the
completion of construction, restoration and County inspection, the registrant shall
immediately obtain, pay for, and file with the County a replacement construction
performance bond. No less than one-year after completion of the construction
and satisfaction of all obligations in accordance with the bond, the registrant may
request that the County remove the requirement to continue the construction
performance bond. Notwithstanding, the County may require a new bond for any
subsequent work performed in the public rights-of-way.
(e) The rights reserved by the County with respect to any construction performance
bond established pursuant to this Ordinance are in addition to all other rights and
remedies the County may have under this Ordinance, or at law or equity, and no
action, proceeding or exercise of a right with respect to the construction
performance bond will affect any other right the County may have.
Sec. 44-8 Construction Methods for Placing or Maintaining Communications
Facilities in Public Rights -of -Ways.
Lal A registrant shall place and maintain its communications facility in public rights-
of-way in_a manner consistent with accepted industry practice and applicable
codes. All safety practices required by applicable codes or accepted industry
practices and standards shall be used during the placement or maintenance of
communications facilities including but not limited to Chapter 33 of the Florida
Building Code. Registrant shall use and exercise due caution care and skill in
performing work in the public rights-of-way, and shall take all reasonable steps to
safeguard work site areas. In all cases, whether work is authorized pursuant to a
permit or without a permit pursuant to this Ordinance, a registrant shall notify the
County at least 24 hours but no more than three (3) _days inadvance _of
commencing work in the public rights-of-way consistent with the requirements of
the County Rights -of -Way Standards and Specifications. Failure to notify the
County prior to commencing work in the public rights-of-way may result in a
83
revocation or suspension of any permit,withholding of further permits, a stop
work order, fines and or other remedies.
u In connection with excavation in the public rights-of-waV, a registrant shall where
applicable, comply with the Underground Facility Damage Prevention and Safety
Act set forth in F.S. Ch, 556 as it may be amended. In the event of any conflicts
with existing utilities or utilitV service laterals the proposed location of the
communications facility will be adjusted, ot the utility.
Lc Grounding rods and pull boxes. The grounding rod may not extend above the top
of the public right-of-way or sidewalk and must be placed in a pull box and the
round wire between the pole and ground rod must be inside an underground
conduit. All pull boxes shall be vehicle load bearing, comply with applicable codes
and MOT Standardspecification 635 and be listed on the FDOT Approved
Products List. A concrete pad shall be installed around all pull boxes. No new or
replacement pull boxes shall be located in pedestrian rams sidewalks drivewa
and/or pavement.
The County may require the use of trenchless technology (i.e., directional bore
method) for the installation of facilities in the public rights-of-way. There shall be
no open trenches in the public rights-of-waV unless approved by the Count
Engineer. The registrant shall be soleIV liable for the displacement, damage or
destruction of any property,irrigation s stem utility, or landscaping as a result of
the placement or maintenance of its facility within the public ri hts-of-wa . The
CountV maV issue such rules and regulations concerning the method for
placement or maintenance of a communications facility in public rights-of-way as
may be consistent with this Ordinance and other applicable codes and standards.
The provisions of this subsection are not intended to prevent the use of any
method of construction not specifically prescribed by this subsection, provided
that any such method has been approved by the County.
(e) In an effort to minimize adverse impacts and disruption in the public rights-of-way
and to other municipal improvements, the County may require a communications
services provider 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 the date(s) requested in the communications services
provider's permit application. The County may require a registrant to alter
reasonably its placement or maintenance schedule as necessary to minimize
disruptions and disturbance in the public rights-of-way. The County may provide
a more definite time frame based onspecific CountV construction or maintenance
schedules. Within the public rights-of-way, every communications services
provider shall makes ace available in its trench and/or conduit to other
communications services providers consistent with the federal requirements of 47
84
U.S.C. 224. EverV 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-waV or on privately
-owned propertV,until
written approval
is obtained from the CountV or other appropriate
overnmental
authority,and
where applicable, from the private
property
owner.
ll Trees. A registrant shall not prune, remove or materiaily damage protected trees
during placement or maintenance of small wireless facilities micro wireless
facilitV, or utility poles in the public rights-of-way. Tree removal or pruning is not
permitted within the Public rights-of-way to increase signal strength or to provide
a line -of -sight for wireless facilities. Landscaping may onIV be damaged or
removed during placement or maintenance of communications facilities pursuant
to a permit issued by the County. The CountV maV re wire that any landscaping or
trees so removed shall be replaced or mitigated in accordance with the approved
restoration plan.
jgj Restoration of public ri hts-of-wa . A registrant shall at its own expense, restore
the public rights-of-way to at least its original condition before such work in public
rights-of-way was initiated subject to the County's satisfaction upon inspection.
Registrant shall warrant its restoration fora period of twelve 12 months after
completion of such restoration. If the registrant fails to make such restoration
within 30 calendar days after completion of construction, or such other time as
may be required by the County, the County may, after written notice to the
registrant, perform such restoration using CountV employees, agents or
contractors, and charge all costs of the restoration to the registrant in accordance
with F.S. §337.402, as it may be amended, and require reimbursement within 30
days after the submission of the invoice by the County to the registrant.
ll Limits on excavation. To avoid continual disruption and degradation to the public
rights-of-way, an area of the public rights-of-way that has been subject to
excavation and restored shall not be subject to re -excavation until at least two (2)
ears following the completion of such restoration to the extent not inconsistent
with applicable law, unless waived by the CountV. Registrants seeking to place
communications facilities in the public rights-of-way through excavation are
strongly encouraged to contact other registrants and communications services
providers to coordinate the placement of communications facilities in the public
rights-of-way.
fil Any communications facilities heretofore or hereafter placed upon, under, over
or along any public rights-of-way that is found by the County to be unreasonabl
interfering in any way with the convenient safe or continuous use or the
maintenance improvement, extension or expansion of such public ri hts-of-wa
shall upon thirty 30 da s' written notice to the registrant or its agent, be
85
removed or relocated bV such registrant at its own expense except as explicitly
provided under F.S. § 337.403. The County may waive or extend the time within
which a registrant shall remove or relocate a communications facility for good
cause shown.
ja Removal„ or relocation at the direction of the County .of a registrant's
communications facility in public rights-of-waV shall be governed by the provisions
of F.S. §§ 337.403 and 337.404 as theV may be amended. Subiect to F.S.
337.403 whenever an order of the County requires such removal or change in the
location of any communications facility from the public rights-of-waV, and the
facility owner fails to remove or charge the same at its own expense to conform
to the order within the time stated in the notice, the County may proceed to cause
the communications facility to be removed. The expense thereby incurred except
as provided in F.S. §337.403(1)(a)—(c), shall be paid out of any funds available
therefor, and such expense shall be charged against the registrant of the
communications facility and levied, collected and paid to the County.
Sublect to F.S. §337.403, whenever it shall be necessary for the County to remove
or relocate any communications facility, the registrant of the communications
facility shall be given notice of such removal or relocation and an order requiring
the payment of the costs thereof, and shall be given reasonable time, which shall
not be less than twenty (20) nor more than thirty (30) days in which to appear
before the Board to contest the reasonableness of the order. Should the
registrant not appear, the determination of the cost to the registrant shall be final,
in accordance with F.S. § 337.404.
A final order of the County shall constitute a lien on any property of the registrant
and may be enforced by filing an authenticated copy of the order in the office of
the clerk of the circuit court of the County wherein the registrant's property is
located and/or by drawing upon the registrant's fund and/or performance bond.
fpm The County retains the right and privilege to cut or move any communications
facilities located within the public rights-of-way of the County, as the County may
determine to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the County shall attempt to notify
the registrant of the communications facility, if known, prior to cutting or
removing_a communications facility and shall notify the registrant of the
communications facility, if known, after cutting or removing a facility.
(n) The County shall have the right to make such inspections of facilities placed or
maintained in public rights-of-way as it finds necessary to ensure compliance with
this Ordinance, The County shall have access without charge to any manholes or
handholes at any time, of a communications services provider in which the County
has facilities, provided the County has given such provider reasonable prior notice
86
so that such provider can have trained personnel present when the accesses such
manholes. Notwithstanding the foregoing, the County, in the proper exercise of
its municipal police powers and duties with respect to the public rights-of-way,
shall have access to all manholes and handholes without charge of such provider.
In the event the County determines that a violation exists with respect to
registrant's placement or maintenance of facilities in the public rights-of-way that
is not considered to be an emergencV or danger to the public health safety or
welfare the County will provide registrant no less than three daVs written notice
setting forth the violation and requesting correction.
(o) Following the completion of construction to place a new or replace an existin
communications facility in the public rights-of-way, the registrant shall promptly
provide revised „plans and as -built plans upon completion of any installation or
construction. The plans shall be in a digitized format, showing the two-
dimensional location of the facilities, based on the County's geographical database
or other format acceptable to the County Engineer. The registrant shall provide
such plans at no cost to the County. The County shall maintain the confidentiality
of such plans and any other information provided in accordance with F.S.
§202.195, as it may be amended.
jp� The County reserves the -right to place and maintain and permit to be placed or
maintained sewer, as water, electric storm drainage, communications and
other_ 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 County in public rights-of-way occupied by the
registrant. To the extent not inconsistent with applicable law, a registrant shall
allow CountV facilities to be collocated within County's public rights-of-way
through the use of a joint trench during registrant's construction ro'ect. Such
joint trench proiects shall be negotiated in good faith by separate agreement
between registrant and County and may be subjected to other County rights-of-
way requirements. The County further reserves without limitation the right to
alter, change, or cause to be changed, the grading, installation, relocation or width
of the public rights-of-way within the limits of the County and within said limits as
same may from time to time be altered.
(q) A registrant shall, on the request of any person holding a permit issued by the
County, temporarily raise or lower its communications facilities to permit the work
authorized by the permit. The expense of such temporary raising or lowering of
facilities shall be paid by the person requesting the same, and the registrant shall
have the authority to require such payment in advance. The registrant shall be
given not less than 30-daVs advance written notice to arrange for such temporary
relocation. If the County requests a temporary raising or lowering of a facility for
a public purpose, the County shall not be charged for the temporary raising or
lowering of the facility subject to Sections 337.403 and 337.404, Florida Statutes.
87
ll This Ordinance does not authorize a person to collocate or attach wireless
facilities, including any antenna, micro wireless facility, or small wireless facility,
on a privately owned utility pole, a utility pole owned by an electric cooperative
or a municipal electric utility, a privately owned wireless support structure or
other private property without the consent of the property owner.
U Abandonment. Upon determination by a registrant or communications services
provider that one or more of its communications facilities in the public rights-of-
way is to be abandoned the provider shall notify the County no later than ninet
(90) days from such determination, or no later than thirty (30) days following such
abandonment, whichever is sooner. The County may independently establish that
a communications facility has been abandoned. In reaching such determination,
the CountV may request documentation and/or affidavits from the
communications services provider or registrant regarding the active use of the
facility. If the provider or registrant fails to provide the requested documentation
within thirty (30) days, a rebuttable presumption shall exist that the provider or
registrant has abandoned the communications facility. Any small wireless facility,
micro wireless facility, utility pole for collocation of a small wireless facility, or
other communications facility installed within the public rights-of-way that is
abandoned shall be removed by the registrant or communications services
provider at its expense within thirt 30 daVs of receipt of notice from the CountV.
Failure to remove an abandoned facility within the thirty 30 da s' period shall be
deemed to be the registrant's or communicationsprovider's consent for the
CountV to remove the facility at the registrant's orprovider's expense or for the
County to allow another person to remove the facility at the registrant's or
provider's expense. The communications services provider or registrant shall be
responsible for all damage to the public rights-of-way and any facilities or utilities
damaged as a result of such removal, and shall restore the public rights-of-way as
required in this subsection. If there are two (2) or more users of a single facility,
then this provision shall not become effective until all users cease using the
facility. Notwithstanding the foregoing, if the facility is attached to an existing
structure that has an independent function such as a light pole, intersection signal,
pedestrian signal, utility pole or the like, said abandonment of the facility requires
removal of the facility only and does not require the removal of the existing
structure.
Sec. 44-9 Development And Objective Design Standards for the Placement Or
Maintenance of Communications Facilities In The Public -Rights -of -Way.
(a) Terms and conditions for collocation on County _utility poles.
ll The CountV shall not enter into an exclusive arrangement with any person
for the right to attach equipment to County utility poles. The County
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reserves the right to enter into agreements for collocation on Count
utility poles in its discretion. Any contractor working on a County utility
pole shall comply with the County's Rights -of -Way Standards . and
Specifications, and all applicable codes, including this Ordinance.
Reservation of space on a CountV utilitV poles. The County maV reserve
space on County utility poles for future public safety uses. However, a
reservation of space may not preclude collocation of a small wireless
facility. If replacement of the County utility ole is necessarV to
accommodate the collocation of the small wireless facility and the future
public safety use, the pole replacement is subject to make _ready provisions
and the replaced pole shall accommodate the future public safety use. The
replaced pole shall continue to be owned by the CountV.
ll The rate to collocate a small wireless facility on a County_uti ity pole shall
be one -hundred fifty dollars ($150) per pole annually, or the highest rate
authorized bV applicable law. This amount shall not be deducted from an
fees or taxes that may be due to the County. The fee shall be paid upon
the County's issuance of a permit to collocate a small wireless facility on a
CountV utility ole and annually on March 1 thereafter.
(4) Agreements between the County and wireless providers that were in
effect on JuIV 1 2017 and that relate to the collocation of small wireless
facilities in the right-of-way, including the collocation of small wireless
facilities on County utility poles, remain in effect, subject to applicable
termination provisions. The wireless provider may accept the rates, fees,
and terms established under this Ordinance for small wireless facilities and
utility poles that are the subject of an application submitted_ after the rates,
fees, and terms become effective.
(5) For a County utility ole that supports an aerial facility used to provide
communications services or electric service, the parties shall comply with
the process for make-ready work under 47 U.S.C. §224 and implementing
regulations. The good faith estimate of the County for any make -read
work necessary to enable the pole to support the requested_ collocation
must include pole replacement if necessary.
5 For a County utility pole that does not support an aerial facility used to
provide communications services or electric service, the County may
provide a good faith estimate for any make-ready work necessarV to
enable the pole to support the requested collocation, including necessary
ole replacement, within 60 daVs after receipt of a complete application.
Make-ready work, including any pole replacement, must be completed
within 60 days after written acceptance of the good faith estimate by the
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applicant. Alternatively, the County 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. If
ole replacement is required, the scope of the make-readV estimate is
limited to the design, fabrication, and installation of a utility pole that is
substantially similar in color and composition. The County may not
condition or restrict the manner in which the applicant obtains develops,
or provides the estimate or conducts the make-ready work subject to usual
construction restoration standards for work in the right-of-way. The
replaced or altered utility pole shall remain the property of the County.
The County may not require more make-ready work than is required to
meet applicable codes or industry standards. Fees for make-ready work
may not include costs related to pre-existing damage or prior
noncompliance. Fees for make-ready work, including any pole
replacement, may not exceed actual costs or the amount charged to
communications services providers other than wireless services providers
for simiiar work and may not include anv consultant fee or expense.
(8) A collocation of a small wireless facility on a County utility pole shall
comply with all applicable codes including this Ordinance, and shall not
compromise the County utility pole's finish, functionality, or structural
integrity particularly with respect to vulnerability to high velocity wind
conditions and environmental conditions. Any modifications or
collocation on a County utility pole must meet the most current wind
loading requirements, including a factor of safety for future signal
mndificafinn.
ll A collocation of a small wireless facility on a County utility pole shall„ not
affect the Countv's abilitv to remove or to replace the oole in its sole
discretion. Within thirty (30) days after receiving notification that the
County intends to remove or to replace the utility pole, the registrant shall
remove its collocated small wireless facility at its cost.
ll Location context and public safety regulations. A proposed communications
facility shall comply with the following location context requirements unless
waived by the County.
LIJ A_registrant shall comply with and abide by all applicable provisions of the
state law and _County ordinances, applicable codes_ and regulations and
applicable provisions of federal statutes, FCC regulations and PSC
regulations in placing or maintaining a communications facility in the
public rights-of-way. Wireless facilities shall be considered to be structures
.i
under the Florida Building Code, Building Risk Category IV, _Structures,
Chapter 16 Section 1620 — 1621, High Velocity Hurricane Zone Area.
ll All communications facilities shall be placed and maintained so as not to
interfere with, create any safety hazard, or create a visual obstruction to
the traveling public's use of the public rights-of-way or the use of bicycle
lanes, sidewalks, greenways or multipurpose trails. Unless required by
applicable codes communications facilities placed or maintained in the
public_ rights-of-way shall not contain signage. To the extent not
inconsistent with applicable codes, a registrant shall include its name and
contact information on utility poles for collocation of small wireless
facilities and ground mounted communications facilities placed or
maintained in the public rights-of-way.
LL For public safety purposes, aboveground communications facilities,
including but not limited to small wireless facilities micro wireless
facilities and utility poles for collocation of small wireless facilities, shall
not be placed or maintained on multipurpose trails.
ll Communications facilities shall be placed between the propertV line and
the curb line of a street, with a preference that such facilities be placed
close to the property line, and shall not be located within a clear zone.
(5) All communications facilities shall be placed and maintained so as not to
cause unreasonable interference with the rights and convenience of
Property _owners who abut any of the public rights-of-way. By way of
example, the placement or maintenance of a communications facility in
the public rights-of-way shall not cause excessive noise levels in violation
of Chapter 28, Article V, Noise Control, of the County Code, based upon
the District of the adjacent property,shall not impede ingress and egress
to adjacent property, materially block views from or into a business or
residence, or materially block visibility of address or other signage on
abutting properties.
ll A registrant shall not place or maintain its communications facilities to
interfere displace, damage or destroy any facilities including but not
limited to, sewers, gas or water mains, storm drains, pipes, cables _or
conduits of the County or any other person's facilities lawfully occupying
the public rights-of-way of the County.
ll The County may rohibit or limit the placement of new or additional
communications facilities within the public rights-of-way _ if there is
insufficient space to accommodate all of the requests to place and
maintain facilities in that area of the public rights-of-wav, to safely
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accommodate additional installations at any location, for the protection of
existing facilities in the public rights-of-way, or to accommodate Count
fans for public improvements, other approved capital improvements
proiects as part of the County Comprehensive Plan, the Transportation
Planning Organization projects (TPO), Transportation Improvement
Program(TIP),Capital Improvement Program, as they may be amended or
projects the County determines are in the public interest_
ll Facilities to be installed underground,
ll All facilities shall be suWect to the County's non -discriminator
undergrounding requirements that prohibit above -ground
structures in the public rights-of-way. All communications facilities
shall be placed underground, to the extent that utilities other than
fire hydrants, including electric and communications utilities, are
required to be located underground. To the extent required b
applicable PSC rules and regulations or court order, a registrant
shall install its facilities underground. Additionally, a registrant
shall endeavor to place all facilities underground unless prevented
from doing so by existing technology or by the physical
characteristics of the installation location. On streets where
electrical or communications utility wiring is located underground,
either at the time of initial construction of a cable system or at any
time thereafter, a certificateholder pursuant to Section 610.104
Florida Statutes, shall also locate its cable underground at its
expense, except that a certificateholder shall be reimbursed for
expense to the same extent as are utilities. Between a street and
a subscriber's residence, a certificateholder's cable must be located
underground if both electrical and communications utility wiring
are located underground.
ll A permit from the County does not create anV right to place or to
maintain utility poles for the collocation of small wireless facilities
or collocated wireless facilities including small wireless facilities on
utility poles when electric and communications utilities in the
location of the proposed facility are required to be installed
underground.
(c) Wireline fiber or coaxial backhaul facilities for small wireless
facilities shall be installed underground consistent with applicable
codes, unless waived by the County.
Small wireless facilities and utility. --poles intended to support the
collocation of a small wireless facility in the_pubhc rights-of-way
shall not be placed in locations subject to the County's
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nondiscriminatory undergrounding requirements that prohibit
aboveground utilities in the public rights-of-way. Any such
requirements may be waived by the County. For purposes of this
subsection adoption of a final resolution by the Board of Count
Commissioners shall constitute an undergroundingreguirement
over any area of the public rights-of-way. This subsection does not
apply to the installation, placement, maintenance, or replacement
of micro wireless facilities on anV existing and duly authorized
aerial communications facilities, provided that if the County
notifies the registrant of the micro wireless facility that aerial
communications or electric distribution utilities will be converted
to underground utilities the registrant shall remove its micro
wireless facility at its expense within the time frame required by
the County. In addition, no utility poles for the collocation of small
wireless facilities, micro wireless facilities, small wireless facilities,
or collocated small wireless facilities on utility poles shall be placed
in a location in the public rights-of-way where the Board has
determined that existing above ground electric and
communications utilities in such location should be removed and
relocated underground. The presence of small wireless facilities or
micro wireless facilities shall not be a basis not to comply with the
County's requirements to convert above ground utilities to
underground. To comply with the County's undergrounding
requirements, a registrant shall remove its small wireless facilities,
micro wireless facilities, and utility poles for collocation of small
wireless facilities at its expense, subject to applicable law, within
sixty (60) days of being notified by the County that such facilities
must be removed. The County shall have the right to remove such
facilities at the registrant's expense if the registrant fails to do so.
ll Prohibition against placement in violation of OSHA or NESC or NERC
rules and regulations. Communications facilities, including but not
limited to small wireless^
facilities and utility poles for the collocation of
small wireless facilities shall not be placed in a location which violates
rules and _regulations set by Occupational Safety and Health
Administration or the National Electrical Safety Code or the North
American Electric Reliability Corporation standards. By way of example
and not limitation, a small wireless facility or utility pole intended to
support the collocation of a small wireless facility may not be placed within
a ten (10) foot radius of an electric distribution facility or within a twenty
(20) foot radius of an electric transmission line.
10 No communications facilities, including but not limited to small wireless
facilities or utility poles for the collocation of small wireless facilities shall
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be placed or maintained in any location that is subeect to or that would
interfere with the County's maintenance and operations plan of
stormwater facilities as described in the Comprehensive Plan, as it may be
amended, unless waived by the County.
11 Prohibition against placement within a location subject to homeowners'
association restrictions. Small wireless facilities shall not be placed in a
location subject to covenants, restrictions, articles of incorporation, or
bylaws of a homeowners' association unless specifically authorized by the
homeowners' association. For purposes of this subsection, a location in
a public right-of-way that abuts parcels within a homeowners'
association on both sides of its width shall be considered a location
subject to covenants restrictions articles of incorporation, orb laws of
such homeowners' association. This subsection shall not apply to limit
the installation, placement, maintenance, or replacement of micro
wireless facilities on any existing and duly authorized aerial
communications facilitv.
12 Placement in relation to adjacent uses of property and building facades
thereon. Where parking and/or loading spaces are not Permitted between
a building facade and the corresponding property line (i.e. front facade and
front property line, side street facade and side street property line) by
design standard or such spaces do not exist in those locations on existing
properties, new communication facilities and new utility poles for
collocation of small wireless facilities shall be placed in-line with the
common, interior side lot lines and shall not be placed in-line with the
front/Principal facade of a residence, place of business, or any other
principal use building located on property that abuts the public -rights-of-
way.
13 Placement within a scenic or gateway corridor. Unless otherwise
authorized by a franchise agreement or for public safety purposes, no new
wireless facilities, small wireless facilities or new utility poles for
collocation of small wireless facilities shall be placed within a designated
scenic or gateway corridor, as described in the County Comprehensive
Plan, unless waived by the County. The purpose and intent of the
designations is to protect these corridors into and through the County. The
following roadway is a designated corridor:
ll Indian River Drive
LL41 Specific districts and community redevelopment agency areas. Placement
or maintenance of communications facilities within the public rights-
of-way within a community redevelopment agency {CRA} or specific district
shall comply with any applicable regulations and design standards for such
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CRA or district, as applicable.
15 A structure granted a permit and installed pursuant to this Ordinance shall
comply with Chapter 333, F.S., and state and federal regulations pertaining
to airport airspace protections.
16 Historic preservation. This Ordinance does not limit the County's authority
to enforce historic preservation zoning regulations consistent with the
reservation of local zoning authority under 47 U.S.C.§332(c)(7),the
requirements for facility modifications under 47 U.S.C. _§_1455(a), or the
National Historic Preservation Act of 1966 as amended and the
regulations adopted to implement such laws on or before April 1, 2017.
Communications facilities shall not be collocated on nor interfere with
historic, property or landmark that may be within or adjacent to the public
rights-of-way unless waived by the County. Small wireless facilities, utility
poles for the collocation of small wireless facilities and micro wireless
facilities shall not be located in a manner that would impact negatively
historic property unless waived by the County. _Historic properties may be
so designated as being listed in the National Register of Historic Places
pursuant to the National Historic Preservation Act of 1966, as amended, a
Property within a National Register -listed district or individually listed in
the County Register of Historic Places, pursuant to County ordinance or
County Land Development Code, Chapter IV Sections 4.11.00 et seq.,
entitled Historic Preservation.
L Objective design standards.
ll Intent and purpose, Small wireless facilities in the public rights-of-way and
utility poles installed or repurposed in the public rights-of-way for
collocation of small wireless facilities shall be designed in such a manner to
maximize compatibility with the surrounding neighborhood and to
minimize any negative visual impact on the surrounding neighborhood.
The objective design standards contained in this Ordinance regulating the
location context, color. stealth de5ijzn. and concealment of the DroDosed
small wireless facility shall apply, unless waived by the County.
ll Applicants shall not place or maintain signage on communications
facilities. includine small wireless facilities or utilitv Doles for collocation of
small wireless facilities, in public rights-of-way, unless otherwise required
by federal or State law, provided; however, existing structures that
lawfully supported signage before being repurposed may continue to
support signage as otherwise permitted by law.
ll A small wireless facility shall not have any type of lighted signal, lights, or
95
illuminations unless required bV applicable codes local codes or
regulations, a permit issued bV the County, or state and federal laws and
regulations or as permitted by the County.
Stealth design for new or replaced utility poles for collocation of small
wireless facilities. All proposed new or replaced utility poles for collocation
of small wireless facilities shall meet the desien standards contained in this
subsection unless waived by the County.
(a) A replaced or restructured utility pole to accommodate_ the
collocation of a small wireless facility shall be located substantially
within the same location as the original utility pole and the original
utility pole must be removed unless waived by the County.
ll The replaced or restructured utility pole shall be substantially
similar in finish, design and composition as the original pole being
replaced, unless the Count requires eguires a different design, color or
composition to be consistent with County standards for new utility
op les.
(c) Unless waived by the County, the height for a new utility_ pole_ or
replaced utility pole installed pursuant to this Ordinance shall not
exceed the height of the tallest existing utility pole as of July 1
2017. in the same right-of-way. measured from izrade. in place
within 500 feet of the proposed location of the small wireless
facility. If there is no utility pole within 500 feet in the same public
right-of-way as of July 1, 2017, the height shall be limited to 50 feet
measured from grade. Height shall include only the height of the
utility pole and shall not include any light, antennas, masts or other
attachments to the utility pole. This subsection does not authorize
the installation of a new utility ole for collocation of a small
wireless facilitv if the proposed location is subiect to the Countv's
location context regulations.
A new utility pole shall be designed to blend in with other utility
poles in the same block or vicinity of the public rights-of-way. By
way of example, if existing utility poles in the same area of the
public rights-of-way are light poles, the new utility pole should be
designed consistent with such light poles and to the extent
consistent with location context regulations, equidistant between
existing poles. Unless waived bythe County, any such stealth utility
pole for collocation of a small wireless facility shall function in the
same manner as the facility it is intended to resemble in
compliance with the County Code, at the expense of the registrant
96
unless prohibited by applicable law. By way of example, if a
registrant installs a utility ole for collocation small wireless facility
to resemble a nearby light pole, it is encouraged that the facility
include a light that isoperated in the same manner as other light
poles, at the applicant's expense.
ll The design of the base of a new or replaced utility pole shall match
the base of adjacent utilitV poles within the public rights-of-way.
The color finish of a new utility pole shall match the color finish of
adjacent utility poles within the public rights-of-way.
Jgj If there are no existing utility poles in close proximity to a new
utility pole for collocation to resemble, the new utility pole shall be
designed to match a utility pole previously approved bythe County.
(5) Stealth design for collocation of small wireless facilities.
ll Wires, cables and equipment to be collocated on a utility pole
shall be within the utility ole or if not possible to being
installed within the utility pole, covered with a shroud. No
exposed wires or cables are permitted.
If the utility pole for the proposed collocation of a small wireless
facility is a light pole, a street light fixture substantially similar in
design to the existing street light fixture shall be used to
camouflage the small wireless facility such as through replacement
of the cobra head with a new cobra head containinp- the _small
wireless facility, or a side -mounted light may be replaced with a
substantially similarly designed side mounted light containing the
small wireless facility. Unless consistent with the design of
the utility pole. a small wireless facilitv shall not be collocated
on a mast of a utility ole. In no event shall a small wireless
facility be collocated on the mast of a pole that serves as a
traffic signal pole. Any street light fixture installed by the
reeistrant shall be maintained in Rood workine order by the
registrant at its cost.
(c) Slim design shall be used wherein the top mounted antenna or
small wireless facility does not exceed the diameter of the
supporting utility ole by more than twelve 12 inches at the level
of its attachment, and side mounted enclosures, if any, do not
extend more than thirty (30) inches beyond the exterior
dimensions of the existing structure, repurposed structure or
97
utility pole at the level of attachment measured from the edge of
the pole to the outermost surface of the attachment.
u Maximum height restrictions. A small wireless facility,_ including
any attached antennas, shall not exceed ten (10) feet above the
existing structure re ur osed structure or utility ole upon which
the small wireless facility is to be collocated. A small wireless
facility in the public rights-of-way shall not be used for the
attachment of any communications facilities or fiber other than the
equipment included within the small wireless facilit .
ll Small wireless facilities not collocated on utility poles or existing structures.
ll Ground -mounted small wireless facilities greater than6 cu. ft. but
not greater than 28 cu. ft. in dimension shall be located within a
ten 10 foot radius of the existing structure or utility ole for
the collocated small wireless facility. -Ground -mounted small
wireless facilities greaterthan 6 cu. ft. in dimension shall be located
with reasonable spacing of at least two (200) hundred feet from
other round -mounted small wireless facilities greater than 6 cu.
ft. in dimension.
The round -mounted small wireless facility shall be architecturally
designed and of the same materials and color finish to resemble
other at -grade public rights-of-way infrastructure such as waste
receptacles or utility facilities in the public rights-of-way.
(c) To the extent not inconsistent with applicable codes, at the
Count 's direction ground mounted small wireless facilities shall
be enclosed in a wrap that has been approved by the County's
Administrator. The registrant shall maintain the wrap in good
condition at its sole cost and expense.
To the extent not inconsistent with applicable codes, at the
Count 's direction the registrant owner of a ground mounted small
wireless facility in the public rights-of-way shall conceal the facility
with landscaping and plantings. Landscaping and plantings
pursuant to this subsection shall be sub'ect to the County's
approval and be maintained by the registrant at its sole cost and
expense consistent for so long as the small wireless facility remains
in the public rights-of-way.
ll The County Administrator is authorized to create a manual showing
figures of acceptable and unacceptable designs for facilities to be
98
placed or maintained in the public rights-of-way.
ll Development standards for communications facilities other than aerial
wireline facilities, small wireless facilities and utilityop les for collocation
of small wireless facilities.
ll Dimensional limits. No communications facility located
aboveground, excluding utility poles, having exterior dimensions
greater than four feet high, by four and one-half feet long, by two
and one-half feet wide. or having a total volume exceedine 45 cubic
feet, shall be granted a permit for construction or installation nor
shall be constructed within the corporate limits of the County on
any public rights-of-way unless:
LI I The communication service provider can properl
demonstrate in its permit application for placement of
communication facilities in the public rights-of-way that
strict compliance with the dimensional limits in this
subsection will prevent the communications service
provider from installing, constructing, maintaining, or
providing its communications network; and
ll The communication service provider demonstrates in its
permit application that the proposed communications
facilities it desires to construct which exceeds the
dimensional limits set forth above in this subsection are
necessary to orovide adeauate capacity to meet the
requirements of the applicant at a specific location, or that
said limits are otherwise technologically infeasible at the
location, and that the proposed equipment the service
provider desires to utilize is of the minimum size available
to meet the requirements of the applicant's
communications network; and
(3) The communications service provider demonstrates in its
permit appAcation that the proposed communications
facilities are located and composed in a manner to minimize
adverse impacts to abutting properties and the surrounding
neighborhood and does not create a hazard by impairment
of visibility to motorists or pedestrians at the proposed site
and does not negatively impact or violate location and
other regulations contained in this Ordinance: and
The communications facilities proposed by the
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communications provider does not otherwise create a
hazard to the public health, safety and welfare
Notice to residential areas. Whenever a communications service
provider sub'ect to this subsection -t7) submits a permit application
to locate communications equipment which exceeds the
dimensional limits in this subsection within residentially -zoned
districts in the County, the applicant shall provide notice by posting
an 18" x 24" sign, satisfactory to the County, at the proposed
location advising residents that they may review the permit
application at the County and provide their comments to the
County. The sign shall be posted a minimum of 14 days priorto any
decision being made on the permit application to allow adequate
time for input by residents and so as not to unduly delay the
processing of any application.
Sec. 44-10. Fees and Taxes for Access to Public Riehts-of-Way.
ll A registrant that places or maintains communications facilities in the public -rights-
of-way shall be required to pay fees and taxes as required by applicable law and
ordinances of the County, including this Ordinance.
ll Pass-through providers shall pay to the County on an annual basis an amount
equal to five hundred dollars ($500.00) per linear mile or portion thereof of
communications facilities placed and/or maintained in the public rights-of-way.
The amounts charged pursuant to this Ordinance shall be based on the linear miles
of Public rests -of -way or portion thereof, where communications facilities are
placed, not based on a summation of the lengths of individual cables, conduits,
strands or fibers.
ll The County shall discontinue charging pass-through provider fees to a person that
has ceased being a pass-through provider. Any annual amounts charged shall be
reduced for a_ prorated portion of any 12 -month period during which the pass-
through provider remits communications services taxes imposed by the Countv
pursuant to Chapter 202, F.S., as amended.
ll The initial amount of pass-through provider fees shall be paid prior to issuance of
a permit to a pass-through provider based on the facilities authorized to be
installed in the public rights-of-way pursuant to the permit. The amount due may
be modified based upon the as-builts submitted by the pass-through provider.
Subsequent annual payments of pass-through provider fees shall be due and
payable on March 1 of each year. Fees not paid within ten (10) days after the due
date shall bear interest at the rate of one (1) i2ercent per month from the date due
rr
until paid. The acceptance of anV paVment required hereunder bV the CountV shall
not be construed as an acknowledgement that the amount paid is the. correct
amount due, nor shall such acceptance of payment be construed as a release of
any claim which the County may have for additional sums due and payable. All
fee paVments shall be subject to audit by the County, and assessment or refund if
any payment is found to be in error. If such audit results in an assessment by and
an additional payment to the County, such additional payment shall be subject to
interest at the rate of one 1percent per month until the date payment is made.
ll If the payments required by this Ordinance are not made within ninety (90) days
after the due date, the County may withhold the issuance of any permits to the
registrant until the amount past due is paid in full, in addition to any other
remedies available ursuant to this Ordinance and applicable law, including but
not limited to drawing upon a registrant's fund and/or performance bond.
ll To the extent consist with applicable law, the County shall not charge fees for
registrations -and permits pursuant to this Ordinance.
Sec. 44-11. Enforcement Remedies.
Lal Nothing in this Ordinance shall affect or limit the remedies the County has
available under applicable law. In addition to any other remedies available at law,
including but not limited_ to F.S. §§166.0415(municipalities) and Ch. 162,
[municipalities and counties), or equity or provided in this Ordinance, the County
may apply any one or combination of the following remedies in the event a
registrant violates this Ordinance, or applicable local law or order related to the
public rights-of-way.
In addition to the County's ability to terminate a registration pursuant to this
Ordinance or to deny, suspend or revoke permits pursuant to this Ordinance, the
failure to comps with the provisions of this Ordinance or other law applicable to
occupants of the public rights-of-way may result in imposition of penalties to be
paid by the responsible person to the County in an amount of not less than
$250.00 Per day or part thereof that the violation continues, or $500.00 per day
or part thereof that repeat violations continue. A registrant's or person's failure
to obtain a permit before commencing work, except where a permit is not
required pursuant to this Ordinance, may result in imposition of penalties to be
paid to the County in an amount of not less than $500.00 per day or part thereof
that the violation continues.
(c) In addition to or instead of any other remedy, the County may seek legal or
equitable relief from any court of competent iurisdiction.
101
ll Before imposing a fine, the County shall give written notice of the violation and its
intention to assess such penalties, which notice shall contain a description of the
alleged violation. Following receipt of such notice except for matters that affect
the health, welfare or safety of the public, the person shall have 30 days to either:
i. Cure the violation to the County's satisfaction, and the County shall
make good faith reasonable efforts to assist in resolving the
violation; or
ii. File an appeal with the County to contest the alleged violation
pursuant to this Ordinance which shall govern such appeal. If no
appeal is filed and if the violation is not cured within the 30-dav
period, the County may collect all fines owed beginning with the
first day of the violation, through any means allowed by law.
Le I In determining which remedy or remedies are appropriate, the County shall take
into consideration the nature of the violation, the person or persons bearing the
impact of the violation, the nature of the remedy required to prevent further
violations and such other matters as the County determines are appropriate to
the public interest.
(fl Failure of the County to enforce any requirements of this Ordinance shall not
constitutea waiver of the County's right to enforce that violation or subsequent
violations of the same type, or to seek appropriate enforcement remedies.
In any proceeding before the County where there exists an issue with respect to a
registrant's performance of its obligations pursuant to this Ordinance, the
registrant shall be given the opportunity to provide such information as it may
have concerning its compliance with the terms and conditions of this Ordinance.
The CountV may find a registrant that does not demonstrate compliance with the
terms and conditions of this Ordinance in default and apply any one or
combination of the remedies otherwise authorized by this Ordinance.
ll Force majeure. In the event a registrant's performance of or compliance with a
of the provisions of this Ordinance is prevented by a force majeure cause or event
not within the registrant's control, such inability to perform or comply shall be
deemed excused and no penalties or sanctions shall be imposed as a result,
Provided, however, that such reeistrant uses all practicable means to cure or
correct any such inability to comply expeditiously.
PART D. 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 circumstances, such holding shall not affects its applicability to any other
person, property or circumstance.
102
PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St.
Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed
forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State,
The Capitol, Tallahassee, Florida, 32304.
PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Secretary of
State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Frannie Hutchinson, Chair
AYE
Commissioner Linda Bartz, Vice Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Anthony Bonna
AYE
Commissioner Cathy Townsend
AYE
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the County Code and the word
"ordinance" may be changed to "section", "article" or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B to I shall not be codified.
PART J. TERMINATION OF MORATORIUM. Upon this ordinance becoming effective, the
temporary postponement on the acceptance and approval of applications for wireless
communications facilities adopted pursuant to Ordinance No. 17-18, and extended by Resolution
RES -2018-1, is hereby terminated only with respect to registrations and applications for such
facilities in the public -rights-of-way. As provided in Ordinance No. 17-18 and Resolution RES -
2018 -1, the temporary postponement on accepting and processing applications shall continue to
be in effect with respect to applications for wireless communications facilities on private property
or other locations not within the public rights-of-way until the Board approves an amendment to
the Land Development Code. This Part J shall not be codified.
PASSED AND DULY ADOPTED this 15�h day of May, 2018.
BOARD OF CO TY COMMISSIONERS
ATTEST: ST. LUCIE COU Y, FLORI %
Y• -
eputy Ve Chair
co�APPROVED AS TO FORM AND CORRECTNESS:
S
BY: .-
a M County Attorney
r�
CO
c'��°�Arrr, fo��Q* 103
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 18, 2018
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
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. 2018-002, which was filed in this office on May 18,
2018.
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