Ordinance 2018-531 - Laserfiche WebLink

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WHEREAS, in 2017, Florida enacted the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), Florida Statutes ("Wireless Act"); and WHEREAS, the Wireless Act addresses local governments regulation of 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 Wireless 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 Wireless 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 City Commission'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 City Commission's further intent to treat each such communications services provider in a reasonable, nondiscriminatory, and competitively neutral manner in exercising such authority to the extent consistent with applicable law; and, WHEREAS, the City's rights-of-way are essential for the travel of persons and the transport of goods throughout the City and are a unique and physically limited resource requiring proper management by the City to ensure public safety, maximize efficiency, minimize costs to City taxpayers for the foregoing uses, reasonably balance the potential inconvenience to and negative effects upon the public from the placement and maintenance of communications facilities in the -rights-of-way-against-the substantial benefits that accrue from such placement and maintenance, and promote the public health, safety and general welfare; and WHEREAS, a duly noticed public hearing as required by law was held by the City Commission of the City of Sunny Isles Beach, at which public hearing all residents and interested persons were given an opportunity to be heard; and, WHEREAS, the City Clerk submitted the proposed ordinance to the Secretary of State pursuant to Section 337.401(3)(d); and WHEREAS, the City Commission for the City of Sunny Isles Beach, Florida finds and declares that this ordinance is in the best interest of the public health, safety and welfare of the citizens and residents of the City of Sunny Isles Beach, Florida and that it advances a significant and important governmental interest, 2 City of Sunny Isles Beach CROW Ordinance 10-17-18