HomeMy WebLinkAboutOrdinance 2018-531 ORDINANCE NO. 2018 5--;1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE II
ENTITLED "TELECOMMUNICATIONS RIGHT OF WAY"
ORDINANCE (SECTIONS 129-20 THROUGH 129-61) OF CHAPTER 129
IN"ITS ENTIRETY; AMENDING ARTICLE III OF CHAPTER 129
ENTITLED "COMMUNICATIONS RIGHTS-OF-WAY" ORDINANCE;
PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR
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 FOR A PERFORMANCE
CONSTRUCTION BOND; PROVIDING FOR CONSTRUCTION
METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN
STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING FOR
ENFORCEMENT REMEDIES; PROVIDING FOR SEVERABILITY AND
REPEALER; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, City of Sunny Isles Beach, Florida ("City") staff periodically reviews City
Ordinances and makes recommendations to the City Commission to revise its Ordinances; and
WHEREAS, the City Commission of the City of Sunny Isles Beach has determined that the
- - ,following amendments promote and protect the general health, safety and welfare of the residents of
the City of Sunny Isles Beach by regulating the siting of communications facilities and utility poles
within the public rights-of-way; and,
WHEREAS, this Ordinance accommodates the growing needs and demand for
communications services; and
WHEREAS,-this Ordinance seeks to 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 alia, the authority of local
governments to regulate the placement and maintenance of communications facilities in the public
rights-of-way; and
WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local government may
not use its authority over the placement of facilities in its rights-of-way as a basis for asserting or
exercising regulatory control over a provider of communications services regarding matters within
the exclusive jurisdiction of the Florida Public Service Commission or Federal Communications
Commission, including, but not limited to, the operations, systems, qualifications, services, service
quality, service territory, and prices of a provider of communications services; and
WHEREAS, 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
NOW, THEREFORE,.BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH as follows:
SECTION 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
SECTION 2. Repeal of Chapter 129, Article II, Sections 129-20 through 129-61. The
City Commission hereby repeals Chapter 129, Article II, Sections 129-20 — 129-61 of the Code of
Ordinances, City of Sunny Isles Beach, Florida, in its entirety, as follows':
§ 129-20. - Short title. Reserved.
This article shall be known as the "Telecommunications Right of Way" Ordinance.
§ 129-21. - Definitions. Reserved.
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR The Director of Public Works or his or her designee.
GROSS RECEIPTS All revenues received by the licensee on recurring local service revenues for
services provided within the incorporated limits of Sunny Isles Beach.
MUNICIPAL RIGHT OF WAY USE LICENSE The right granted by the City to use public
rights of way to provide telecommunications services, within the City to the public or to other
providers, as specified by the terms of this article.
PUBLIC RIGHTS OF WAY Public streets, rights of way and public easements including-the
area on, over, or under the surface in the unincorporated areas and the public streets, rights of way
and easements for which Sunny Isles Beach Public Works Department has primary jurisdiction for
issuing-permits-
TELECOMMUNICATIONS COMPANY, CARRIER OR PROVIDER Includes every
apolitical subdivision in the state, offering two way telecommunications service to the public for hire
within this state by the use of a telecommunication facility. The term "telecommunications
•
certificated telecommunications company, a commercial mobile radio service provider, a facsimile
for hire, a cable television company providing cable service as defined in 47 U.S.C. § 522, or an
open video system as defined in'17 CFR Part 76, as amended from time to time.
TELECOMMUNICATIONS SERVICES Includes all telecommunications related services by a
telecommunications company including, but not limited to, local telephone service, private
communications service, local exchange telephone service, interexchange carriers, international
telecommunications carriers, toll telephone service, alternate access vendor and all other providers
of basic local telecommunications services, nonbasic telecommunications services and all other
Words are intended to be deleted; words underlined are intended to be added.
3
City of Sunny Isles Beach CROW Ordinance 10-17-18
telecommunications setwices including all telecommunications services authorized by the Florida
Public Service Commission.
provide telecommunications services.
§ 129-22. - Intent and purposes. Reserved.
The purpose of this article is to establish a competitively neutral policy for usage of public rights
of way for the provision of telecommunications services and enable the City to:
A. Permit nondiscriminatory access to the public right of way for providers of telecommunications
services; and
B. Manage the public rights of way in order to minimize the impact and cost to the citizens of the
--
commercial use of public rights of way in a nondiscriminatory manner; and
D. Promote competition among telecommunications service providers and encourage the universal
availability of advanced telecommunications services to all residents and businesses of the City; and
E. Minimize the congestion, inconvenience, visual impact, and other adverse effects on the City's
public rights of way.
§ 129-23. - Applicability. Reserved.
This section applies to all telecommunications service providers under Title II of the
solely by means of wireless.,--transmission which do not us:; - :.• - . :€-way: This section
applicable FCC rules and regulations.
§ 129-24. - Municipal right of way use license required. Reserved.
A. It shall by unlawful for any person to construct or operate a telecommunications system upon,
B. Subject to all existing permitting processes, the licensee is authorized to occupy, install, lay,
erect, construct, remove, relocate and maintain in, on, over or upon any and all of the public right
of ways, as they now exist or may be her-after constructed, opened, laid out or extended within the
present limits of the City any and all such conduits, cables, fiber optic lines, poles, wires, supports
and other structures and appurtenances as may be r-asonably necessary for the construction,
maintenance and operation of a telecommunications system. Except as provided above, this license
does not convey the right.to attach cable er conduit to poles, or occupy or use real or personal
property owned by the City of Sunny Isles Beach.
C. Any license granted under this article shall be nonexclusive, and the issuance of a license will not
expressly or implicitly preclude the City from issuance of other licenses to telecommunications
companies or affect the City's right to authorize use of public rights of way for other lawful
purposes to other persons as it determines appropriate.
4
City of Sunny Isles Beach CROW Ordinance 10-17-18
D. This license authorizes the licensee to use the public rights of way to provide
telecommunications services only. Use of the public rights of way for any other purpose requires
separate authorization.
-. -• • - . .. -- use of any public property that does not act as rights of ways.
Such property shall not fall within the purview of this article.
§ 129-25. - Municipal right of way use license application. Reserved.
Any person desiring to install and/or operate a telecommunications system by using public rights
of way in the City shall submit an application to the Director in accordance with this article. The
application shall be in a form to be prescribed by the Director and the City Manager, shall deseribc
the services the applicant wishes to provide, outline applicant's proposed network relating to
physical facilities to be installed in the rights of way and potential impact on the physical rights of
way. All applications to construct operate or maintain any telecommunications services system in
the City or to traverse any portion of the City for the transmitting or conveying of such service
application must be submitted and be accompanied by an application filing fee of $2,500. In
addition, the City may charge a supplementary application fee to reimburse the City for any external
costs it incurs in the course of receiving and rendering a decision on the application. Each
application for registration, renewal registration and duplicate registration shall be on a form
prescribed by the City and shall be accompanied by such a fee in an amount that is established by
administrative costs to process such application. Said fee and application form shall be effective
upon approval by the City Commission and is attached to this article as Exhibit A.
§ 129-26. - Term and limited right to renewal. Reserved.
including-a-Fe vat-tiee ise, shall be issued for a term tenger than seven-years,
B. A licensee shall have a right to renew provided that the licensee is authorized by the controlling
the licensee has complied with all material provisions of the license. A material breach shall not be
danger tote public or other users of the public rights of way or significantly impairs the City's
ability to manage the public rights of way for the safety, health and welfare of the general public or
other users of the public rights of way. Modifications to the license including new terms,
provisions, or conditions as allowed by the prevailing law at the time of renewal may also be
required by the City upon renewal. A license may be renewed for additional successive periods not
to exceed seven years.
§ 129-27. - License fees. Reserved.
See Article IV, Fees and Taxes, of this chapter.
§ 129-28. - Audits; inspection of records. Reserved.
All amounts paid under this article shall be subject to audit and recomputation by the City. Upon
reasonable notice, the licensee shall make available to the City once per year, during normal
business hours and at the licensee's local office, the books, records and accounts and other
documentation of the licensee (hereinafter collectively referred to as the "reports") that are
necessary to determine the accuracy of the calculations upon which the license fee payment is
5
City of Sunny Isles Beach CROW Ordinance 10-17-18
based. The licensee shall maintain its records in such a manner as to clearly distinguish between
revenues and/or linear foot calculations derived from operations in the City of Sunny Isles Beach.
The City may waive this requirement with any particular licensee if an agreement is reached that
other methods will be utilized such as audit sampling techniques which can clearly isolate revenues
and/or linear foot calculations to which the City is entitled. In the event the reports arc not made
the City's representative resulting from said representative's travel to the location where the reports
are maintained. The City shall maintain all books, records, accounts and other documentation of
licensee in strictest confidence to the extent allowed under the Public Records Act and other
applicable Florida laws.
§ 129-29. - Annual-reports. Reserved.
Within three months of the close of its fiscal year, the licensee shall file an annu ..
Director that includes the following information:
A. A report that details the data used to calculate the license fees which shall be of sufficient scope
to allow independent ascertainment of the licensee's compliance with the license fee requirements of
this article. The underlying data in such reports shall be prepared in accordance with generally
accepted accounting principles (GAAP).
B. The full legal name of the licensee as of that date.
•
effective date of this article.
§ 129-30. - License application procedure; information required. Reserved.
A. To obtain a license under this article a person shall apply to the Director. To be acceptable for
, . . . . . . . .•- „ . . ie. . . ted and be accompanied by-the
application filing fee where required.
B. Each application for an initial license shall set forth the following:
(1) The name, address and telephone number of the applicant.
(2) A statement of the corporate or other business organization of the applicant, and the
• .uring the application process and the name, busine,s-adElfessand
- - - telephone number of the primary contact person during the term of the license.
(3) Identification of the applicant's fiscal year calendar.
(1) A description of the general nature and size of the proposed telecommunications system's
plant and equipment that licensee intends to have occupy the public rights of way, includin_
a list with descriptions of the appurtenances such as manholes, pedestals, handholes,
controlled environmental vaults, etc.
• •
telecommunications services.
(6) A copy of any administrative or legal decision in which the licensee was determined to
of Florida.
C. Within 30 calendar days after the awarding of the license, the licensee shall file with the Director
its written acceptance of the license, together with the insurance policy and bonding documents
required by this article, and its agreement to be bound by and to comply with all requirements
pursuant to the provisions of this article and the license.
6
City of Sunny Isles Beach CROW Ordinance 10-17-18
§ 129-31. - Application fee. Reserved.
prescribed by the Director and shall be accompanied by a fee in such amount as shall be established
by administrative order of the City Manager. The fee shall not exceed the reasonable amount to
cover the administrative cost to process such application. Said fee shall be effective upon approval
§ 129-32. - Issuance of license. Reserved.
fee; provided, however, the Director shall have the authority to deny a license if the applicant fails
to meet the application requirements or the proposed use of the public rights of way presents a
danger to the general public and other users of the public rights of way.
§ 129-33. - Transfers. Reserved.
of the City, which shall net be Wife . . ..' - . . . •.- - • -• _
a license without such consent shall be null and void. Consent shall be deemed granted within 90
certificate from the Federal Communications Commission and/or Florida Public Service
assign the license without City consent to an affiliate or entity which is controlled by or under
common control with licensee, provided that such assignee_agrees in waiting to be bound by the
terms and conditions of this article and the license.
- § 129-34. - Use of county pudic rights of way; construction requirements; alteration of system
access by City. Reserved.
Subject to all applicable provisions of the City, county and state, the licensee may perform all
necessary work to construct, occupy and maintain its telecommunications system. The licensee
must comply at all times with all policies, procedures and directives of the Public Works
Department, and the Zoning, Planning and Building Department. Prior to the installation, placement
or removal of any conduits, cables or pole lines, facilities, or the start of any other type of
construction on the City's public rights of way, the licensee shall, pursuant to the requirements of
Public Works Department, and the Zoning, Planning and Building Department. The issuance of a
permit by the City shall not be construed by the licensee as a warranty that the placement by the
licensee of its conduits, cables or pole lines, facilities, or the start of construction, is in compliance
with any applicable rules, regulations or laws. All construction and maintenance of the licensee's
facilities within City public rights of way incident to licensee's provision of service shall, regardless
of who performs installation and/or construction, be and remain the responsibility of the licensee.
§ 129-35. - Right to use easement and streets not warranted. Reserved.
It is understood that there may be from time to time within the City various public rights of way
which the City does not have the unqualified right to authorize licensee to use; therefore, in granting
this license, the City does not warrant or represent as to any particular easement, right of way, or
portion of a right of way or easement, that it has the right to authorize the licensee to install or
7
City of Sunny Isles Beach CROW Ordinance 10-17-18
§ 129-36. - Other agreements, permits and easements. Reserved.
Nothing in this article or license shall be construed to require the City to assume any responsibility
for the securing of any right of way, easements, or othcr rights, which may be required by the
licensee for the installation of its telecommunications system, nor shall the City be responsible for
securing any permits or agreements with other persons or utilities.
§ 129-37. -No property rights conveyed. Reserved.
Nothing in this article or in the license shall grant to the license holder any right of property in City
owned property or public rights of way, nor shall the City be compelled to maintain any of its
property or public rights of way any longer than, or in any other fashion than in the City's
judgment, its own business or needs may require.
§ 129-38. - Location or relocation of facilities. Reserved.
A. Unless controlling law provides otherwise, the licensee's system shall be installed underground
facilities are installed above ground, the licensee may install its facilities underground or above
ground, at its discretion.
B. Licensee shall not place any fixtures or equipment where the same will interfere with any
licensee shall locate its lines and equipment in such a manner as not to interfere unnecessarily with
the usual travel on streets; with the installation or operation of gas, electric, CATV, telephone,
water, drainage, or sewer line equipment, or with the rights of owners of property which abuts any
public right of way.
their systeifts= - . . _ •- . . . •- :t of way-area-where existing power or telephone
facilities are hereafter so relocated. Any such relocation shall be at the licensee's expense, and such
facilities.
D. The licensee shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks
contact with the wires and cables of the licensee, in a manner approved by and acceptable to the
City. When the City determines such trimming is necessary to protect the health safety and welfare
of the public, such trimming may be done by it or under its supervision and direction at the expense
of the licensee, if prior notification has been given to the licensee and licensee thereafter failed to
E. Licensee shall promptly and at the licensee's own expense protect, support, temporarily
disconnect, remove, modify or relocate any part of their system when required by the City by reason
of traffic conditions, public safety, road construction, change of street grade, installation of sewers,
drains, water pipes, power lines, signal devices, tracks, any other type of City improvement project,
or to accommodate the abandonment of any street. Such work shall be completed no later than 30
days after receiving notice from the City or such longer period as may be agreed to by the City. In
the event such contingency occurs, and the licensee fails to remove or modify its system, the City
may, upon notice to licensee, make the necessary removals and charge the licensee for the cost.
Nothing in this section shall be construed to waive any rights the licensee may have under state or
federal law to be reimbursed for relocation expenses.
8
City of Sunny Isles Beach CROW Ordinance 10-17-18
F. Each licensee shall, on the request of any person holding a building moving permit issued by the
City, temporarily remove, raise or lower its wires to permit the moving of buildings. The expense of
such temporary removal or raising or lowering of wires shall be paid by the person requesting same,
given not less than seven days' advance notice to arrange for such temporary wire changes, or such
longer period as may be necessary, but in no event gr-ater than 20 days.
G. When placed underground, all service lines, drops, or laterals that connect the end user customer
to the licensee's distribution system shall be buried as follows: on easements and public rights of
way at the depth as established by the Public Works Manual or Regulations; and on private property
at a sufficient depth so that no portion of the line is exposed. The Director may impose a specific
depth requirement for such lines on private property.
H. Except for relocation expenses when authorized by state or federal law, the license holder shall
relocate its property, lines and cable from such public property or public rights of way in the event
the City determines that a necessity exists for such removal or relocation.
§ 129-39. - Work in public rights of way and easements. Reserved.
A. A licensee must obtain any required permits before performing any work that disturbs or impacts
emergency work is completed. Licensee must restore the public rights of way to their former
condition in a manner approved by the City. If such restoration is not satisfactorily performed
within a r-asonable time, the City, after prior notice to the licensee, may cause the repairs to be
fails to perform such repairs.
B. All personnel-utilized by the licensee in the construetie:-ef-the licesee's system shall possess
telephone number.
C. The licensee shall join and maintain a continuous membership in a utility notification one call
system and use its services prior to construction.
D. Only licensed, certified or registered contractors duly authorized to perform such work in the
City may be utilized for construction.
E. In connection with the permitting process, licensee shall furnish the Director of Public Works
and the City Manager with construction plans and maps showing the routing of construction at least
/15 days before beginning new construction that involves an alteration to the surface or subsurface of
the public right of way unless a permit is granted sooner. A licensee may not begin construction
permit is issued.
§ 129-40. - Safety. Reserved.
A. Licensee's work performance, equipment, and job sites shall be in compliance with all applicable
- - - - --- . - •
•
•
barricades, flags, lights, flares or other devices as are required by the Manual on Uniform Traffic
Control Devices (FDOT) and/or any requirements of the Public Works Department to protect all
members of the public having occasion to use the portion of the streets involved or adjacent
larePe4y.
9
City of Sunny Isles Beach CROW Ordinance 10-17-18
B. The licensee shall at all times employ due care and shall install, maintain and use commonly
accepted methods and devices for preventing failures and accidents which arc likely to cause
•. ... ,- •-•. .• . -- public. All of licensee's structures and all lines, equipment and
connection in, over, under and upon the public rights of way of the City wherever situated or
good order and repair.
C. In the case of conflict or interference between facilities of different licensees, the licensee whose
facilities were first permitted shall have priority over competing licensee use of the public rights of
way. The resolution of any conflict or interference shall be made in a manner, which is consistent
with the nondiscrimination provisions of the Federal Telecommunications Act of 1996.
§ 129-41. -City's right to inspect. Reserved.
its installation, construction, and maintenance to insure compliance with the terms of this license
and other pertinent provisions of the law.
§ 129-42. - Unauthorized work. Reserved.
Any conduits, cables or pole lines installed or placed without first having obtained the permits
hereinbefore provided for shall be removed within 10 days following written notice by the City.
Failure to comply following written notice may result in the removal of the conduits, cables or poles
by order of the Public Works Department and the cost of removal shall be borne and paid by the
licensee. When permits are required, all work done without permits will cease until all permits are
pulled and fees paid.
§ 129-43. - ' . . •
. .. - . Reserved.
- The licensee shall not-in-any-Ayr. . . , .. sewer,--wateuman; pipe or any
other facilities belonging to the City without the consent of the City; and the licensee shall be liable
to the City for the cost of any repairs made necessary by any such displacement, damage or
destruction and shall pay such costs upon demand.
§ 129-44. - Electrical standards; as built plans. Reserved.
A. All facilities shall be constructed and maintained in accordance with the National Electrical Code
and the National Electrical Safety Code in force at the time of the effective date of this article and as
amended.
B. The licensee shall produce and provide a complete set of "as built" plans including, but not
limited to, horizontal and typical vertical profiles within 60 days after construction of any portion of
the system, to the City Manager with copies to the Public Works Department.
§ 129-45. - Emergency. Reserved.
In an emergency that affects the public safety, as determined by the City, when the licensee or its
representative is immediately unavailable or unable to provide the necessary immediate repairs to
any portion of the public rights of way that is damaged due to any faults or settled or sunken areas
that may develop in any area over, around or adjacent to same, the City, when apprised of such an
licensee.
129-46. - Service to City. Reserved.
10
City of Sunny Isles Beach CROW Ordinance 10-17-18
If controlling law changes to require the licensee, or to authorize the City to require the licensee, to
provide telecommunications services or facilities to schools, hospitals, government or other public
§ 129-47. - Insurance. Reserved.
A. The licensee shall provide, pay for and maintain, throughout the term of its license, and with
companies satisfactory to-the City, the types of insurance described herein. All insurance shall be
licensee shall be approved by the City Manager. All liability policies shall provide that the City is
an additional insured as to the operations under this license and shall provide the severability of
interest provision. The required coverages must be evidenced by properly executed certificates of
insurance licensee. Thirty days' advance written notice by registered or certified mail must be given
to the City of any cancellation, intent not to renew or reduction in the policy coverages, which
notice shall be sent by registered mail to the Administrative Services Department. Companies
issuing the insurance policies shall have no recourse against the City for payment of any premiums
B. The limits of coverage of insurance required shall be not less than the following:
employer's liability insurance with limits of not less than $500,000. This coverage must be
evidence by a certificate of insurance that requires at least 30 days' advance written notice of
cancellation, nonrenewal or material change to the City Manager.
(2) Comprehensive general liability bodily injury and property damage $.1,000,000
combined single limit -ach occurrence.
(3) Automobile-iabi1ity=—bed-il-y njury and property damage $1,000,0 -si+gle
limit each accident covering all owned, nonowned, and hired vehicles.
C. Upon 30 days' notice, the insurance coverage and policy requirements may be changed and
expesufe-a,,d l; itom
D. These insurance requirements may be met by evidence of participation of a bona fide captive
insurance or self insurance program that is established and regulated by a governmental entity.
- - E. The City may, at its option, increase or decrease policy limits set forth above, upon 60 days'
written notice to the licensee. Within 60 days from receipt of notice to incr ase its policy limits, the
§ 129-48. - Faithful performance and payment bond. Reserved.
The licensee shall within 30 days of the effective date of a license granted under this article, furnish
to the Administrative Services Department a performance bond or an irrevocable letter of credit
bond shall be maintained by the licensee throughout the term of the license.
licensees' system installed in the City's streets, and for one year after the license expires or is
terminated. The bond shall contain a provision that it shall not be terminated or otherwise allowed
to expire without 30 days' prior written notice first being given to the Director and the Risk
Manager. The performance bond or letter of credit shall be used to guarantee the compliance with
11
City of Sunny Isles Beach CROW Ordinance 10-17-18
article. The licensee shall maintain a copy of the bond on file with the City along with written
c 'idence of the required premiums.
129-49. - Indemnification. Reserved.
A. The licensee shall indemnify and hold the City and its officers, directors, agents, servants,
witness fees, court costs and the reasonable value of any services rendered by any officer or
employee of the City, and any orders, judgments or decrees which may be entered which arise or
are alleged to have arisen out of, in connection with or attributable to, the licensee's maintenance,
occupation, placement, repair, relocation or removal by the licensee of any portion of the
The licensee shall undertake at its own expense the defense of any action which may be brought
against the City for damages, injunctive relief or for any other cause of action arising or alleged to
have arisen out of, in connection with or attributable to, the foregoing and, in the event any final
judgment therein should be rendered against the City resulting from the foregoing, the licensee shall
promptly pay the final judgment, together with all costs relating thereto; the licensee being allowed,
such suit or action upon the filing of such supersedes bond to the extent required to prevent levy or
judgment against the City during such appeal or appeals.
B. Nothing in this section shall prohibit the City from participating in the defense of any litigation
upon a court order awarding such costs.
C. The City Manager shall give prompt, written notice to the licensee of any claim for which the
City seeks ind:--.-• . ' . --- ieensee-shall-haw the right to investigate, defend and cempfe:ise
these claims subject to prior City approval. Failure of the City to provide written notice shall not
waive the requirement of Subsection A hereinabove.
§ 129-50. - Construction bond. Reserved.
A. Prior to the commencement of any construction or other significant work in the public rights of
way, licensee shall furnish a construction bond in favor of the City in an amount equal to the
• proposed cost of the work. No work shall commence until a construction bond is furnished to the
City. The construction bond shall not be released until the rights of way have been restored and
B. The construction bond shall serve as security for:
(1) The faithful performance by the licensee or permittee of all terms, conditions and
(2) Any expenditure, damage or loss incurred by the City occasioned by the licensee's or
permittee's violation of this article, or its failure to comply with all rules, regulations, orders,
permits and other directives of the City issued pursuant to this article.
(3)Payment of all compensation due to the City, including permit fees.
(4) The payment of premiums for the liability insurance required pursuant to this article.
(5) The payment of any other amounts which become due to the City pursuant to this article
(6) The submission to the City of accurate record drawings showing at a minimum correct
horizontal and vertical locations of new facilities placed in the rights of way in a format approved
12
City of Sunny Isles Beach CROW Ordinance 10-17-18
by the Public Works Department. Record drawings shall be certified by a professional engineer or
land surveyor registered by the State of Florida, except for such engineers or surveyors who may be
empt from registration by Florida statutes.
C. Maintenance of bond.
(1) The construction bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be canceled or renewed by the surety nor
the intention to cancel or not to renew be stated by the surety until 90 calendar days after•
canceled or renewed by the surety until at least 90 calendar days' written notice to the City of
surety's intention to cancel or not renew this bond."
(2) The construction bond shall be maintained until said construction work is completed and
for a period not to exceed one year thereafter. Licensee shall notify the City in writing when it
believes the construction has been completed.
D. The City may waive the provisions of this section only as follows:
(1) Licensee supplies other acceptable financial guarantees or demonstrates financial
responsibility satisfactory to the Finance Director and the City Attorney.
(2) Licensee provides a written guarantee that none of the provisions of this section, nor the
by or limit the liability of the licensee under this article.or any telecommunications license or permit
issued in accordance herewith or for damages either to the full amount of such bond or otherwise.
§ 129-51. : Termination,Reserved.
The City may declare a forfeiture and termination of, and revoke and cancel all rights granted
under, this license if a federal/state authority suspends, denies, or revokes a telecommunications
rim-ef way presents a danger to-the-general-public under:, . - - - ..• ' •_ Or
the licensee has abandoned its system. Prior to such termination by the City resulting from a
City with a written notice setting forth all matters pertinent to such violation, and describing the
action of the City with respect thereto. The licensee shall have 60 days after service of such notice
within which to cure the violation, or within which to present a plan, satisfactory to the City, to
the public rights of way of the City safe, and shall thereupon be deemed to have abandoned same in
its entirety; and the same shall thereupon become the sole property of the City without payment to
the licensee. If the City agrees to abandonment, the licensee shall incur, from that time forward, no
future obligations with respect to the telecommunications system.
§ 129-52. - Continuation of police powers. Reserved.
enacts based upon its existing powers or additional powers given it in the future.
§ 129 53. Consumer protection. Reserved.
The City may oversee compliance with all applicable consumer protection laws and regulations,
including the enforcement of Chapter 8A, Business Regulations, of the Code of Miami Dade
13
City of Sunny Isles Beach CROW Ordinance 10-17-18
consumers in the City. City reserves the right to enact additional consumer protection provisions to
the extent authorized by state and federal law.
§ 129-54. - Failure to enforce license. Reserved. _
The licensee shall not be excused from complying with any of the terms and conditions of this
article by any failure of the City, upon any one or more occasions, to require the licensee's
performance or compliance with any one or more of such terms or conditions.
§ 129-55. - Future rules, regulations and procedures. Reserved.
The Director reserves the right to promulgate rules, regulations, and procedures to implem - -
intention of this article.
§ 129-56. - Authority of Director. Reserved.
A. The Director shall have the responsibility for overseeing the day to day administration of this
article and authorizations granted hereunder. The Director, or any member of the Director's staff so
designated by the Director, may administer oaths, certify to official acts, issue subpoenas, and
compel the attendance of witnesses and the production of papers, account books, contracts,
discharge of the duties of his office. The Director shall be empowered to take all administrative
actions on behalf of the City, including adopting forms for application and reporting and other
administrative procedures as are necessary.
B. The Director shall have the authority to initiate legal actions in the name of the City through the
City Attorney, seeking declaratory judgment, injunctive, equitable, and legal relief to enforce the
provisions of this article.
C. It is understood that there may be from time-to-til. nin the-City var-ieus easements and streets
which the City Director does not have the unqualified right to authorized licensee to use. Therefore,
way or portion of the right of way or easement that it has the right to authorize the licensee to
install or maintain portions of its system therein and in -ach case the burden and responsibility for
City shall not be required to assume any responsibility for securing any right of way easement or
systems, nor shall the City be responsible for securing any permits or agreements with other persons
or utility.
§ 129-57. - Director's settlement authority. Reserved.
The Director is hereby authorized to resolve by settlement any notice of violation or lawsuit
initiated by the Director. In deciding to settle a dispute over an alleged violation, the City shall
consider:
A. The probability of success in proving the violation;
C. The licensee's past history concerning similar violations;
D. Mitigating factors; and
E. The licensee's success in resolving the dispute with affected customers.
§ 129-58. - Appeals;judicial review. Reserved.
14
City of Sunny Isles Beach CROW Ordinance 10-17-18
notice of appeal with the Director within 15 days after the date of the action, decision or
determination complained of The written notice of appeal shall set forth the nature and date of the
action, decision or determination to be reviewed and a brief summary of the grounds for the appeal.
Upon such filing, an administrative hearing shall be scheduled and heard by a Special Master
Special Master shall set the matter for hearing on the -arliest practicable regularly scheduled
hearing date or as soon as possible, but no sooner than 10 days after the request has been filed and
notice may include, but not be limited to, the applicable provisions of§ 14 7 of Chapter 14, Code
Enforcement, of the Code of the City of Sunny Isles Beach. The Special Master shall hear and
- • - - - - -
Code Enforcement, and may affirm, modify or reverse the action, decision or determination
appealed from. The decision of the Special Master shall constitute final administrative review and
no rehearing shall be permitted. Nothing herein shall be construed to prevent or prohibit the
Director from instituting any civil action or proceeding authorized by this article at any time. 9 []
-- - _ - -
a final order of the Special Master by filing a notice of appeal in the Circuit Court in and for Miami
Dade County, Florida, in accordance with procedures and within the time provided by the Florida
Rules of Appellate Procedure for review of administrative action. The words "action," "decision"
and "determination" as used herein shall not include the filing or institution of any action,
conference or proceeding by the Director in any court otherwise.
C. Any regulated person. making the appeal shall be required to pay the Director a fee, to be
established by administrative order of the City Manager, to defray the costs of preparing the record
id-fes.,hall be effective upon :. - . - -rnmissioh,
§ 129-59. - Penalties for offenses. Reserved.
In addition to any other judicial or administrative remedies or penalties provided by law, rule,
regulation or ordinance, any person who violates - - - - . - _ . - . _
desist order of the Director, any notice to correct a violation or any assurance of voluntary
compliance pursuant to § 8A 82.1 of the County Code and this article with respect to matters
regulated under this article or any other lawful order of the Director or any condition, limitation, or
restriction of a telecommunications license issued by the Director, shall be subject to the judicial
imposition and recovery of a civil penalty in an amount of not more than $10,000 per offense. Each
day during any portion of which such violation occurs or continues to occur constitutes a separate
offense. Such monies recovered by the Director shall be deposited in a separate City fund to be used
exclusively for enforcement of this article. For purposes of this article, all references to Chapter 8A
in § 8A 82.1 of the County Code shall mean this article.
§ 129-60. - Enforcement procedure; remedies. Reserved.
any other judicial or administrative remedies provided by law, rule, regulation, ordinance, or this
article, the Director shall have the following judicial remedies available to enforce the provisions of
this article:
15
City of Sunny Isles Beach CROW Ordinance 10-17-18
(1) The Director may institute a civil action in a court of competent jurisdiction to seek
temporary or permanent declaratory or injunctive relief to enforce compliance with or
prohibit the violation of any of the provisions of this article.
(2) The Director may institute a civil action in a court of competent jurisdiction to impose
and recover a civil penalty in an amount of not more than $10,000 for -ach violation of any
or continues to occur constitutes a separate violation. The right of trial by jury shall be
available in any court to determine both liability for and the amount of the civil penalties to
be imposed and recovered hereunder.
(3) The Director may institute a civil action in a court of competent jurisdiction to seek
restitution and other equitable relief to recover any sums and costs expended by the Director
of the provisions of this article.
B. Upon the rendition of a judgment or decree by any of the courts of this state against any person
of an appeal in which the Director prevails, the appellate court, shall adjudge or decree against said
attorney prosecuting the suit in which the recovery is had. Where so awarded, compensation or fees
of the attorney shall be included in the judgment or decree rendered in the case. This provision shall
apply to all civil actions, legal or equitable, filed after the effective date of this article by the
Director.
C. All the judicial and administrative remedies in this article are independent and cumulative.
§ 129 61. Prior franchise agreements. Reserved.
This article shall not apply to any previous telecommunications franchise agreements or ordinances
except to the extent the-previsions of this a-r icle de not conflict with the prior nehise ordinance.
To the extent of any conflict the existing ordinance applies until the term of the franchise expires.
SECTION 3. Chapter 129 Amended. The City Commission hereby amends Chapter 129,
Article III, Sections 129-62 — 129-81 of the Code of Ordinances, City of Sunny Isles Beach,
Florida, as follows2:
ARTICLE III—COMMUNICATIONS RIGHTS-OF-WAY
Sec. 129-62.- Title.
This article chapter shall be known and may be cited as the "City of Sunny Isles Beach
Communications Rights-of-Way Ordinance."
Sec. 129-63. In-tent-and Purpose.
It is the intent of the City to promote the public health, safety and general welfare by
providing for the placement of maintenance o . •. . ' • - - .. . •
rights of way within the City; adopting and administering reasonable rules and regulations
not inconsistent with state and federal law, including § 337.401, Florida Statutes (2000), as
it may be amended, the City's home rule authority, and in accordance with the provisions of
2 Words strict ough are intended to be deleted; words underlined are intended to be added.
16
City of Sunny Isles Beach CROW Ordinance 10-17-18
••_
reasonable rules and regulations necessary to manage the placement or maintenance of
communications facilities in the public rights of way by all communications services
providers; and minimizing disruption to the public rights of way. In regulating its public
state laws.
The purpose of this chapter is:
(1) To establish a competitively neutral policy for the use of public rights-of-way for
communications facilities:
(2) To protect the City's investment in the public rights-of-way by providing for the
payment of nondiscriminatory fees for the use of the rights-of-way by communications
companies.
(3) To regulate the placement and maintenance of structures and facilities in the public
rights-of-way pursuant to F.S. § 337.401; and
(4) To adopt and to administer 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 City'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; to establish reasonable rules and
regulations necessary to manage the placement and maintenance of communications
facilities in the public rights-of-way by all communications services providers after the
effective date of this section; and to minimize disruption to the public rights-of-way.
To the extent provisions of this Ordinance conflict with final, effective orders or
regulations issued by the FCC. the City reserves the right not to apply such
inconsistent provisions in this Ordinance.
(5) Applicability.
a. 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 any person holding a certificate of franchise authority
pursuant to Section 610.103. Florida Statutes. communications services providers.
pass-through providers. and wireless providers. Persons seeking to place or maintain
communications facilities on private property or other property to which the City.
any municipality. Miami-Dade County, or any governmental entity has a fee simple
or leasehold interest in real property. not within and exclusive of the public rights-of-
way, located within the jurisdictional boundaries of the City shall comply with the
applicable provisions of the City Code, Chapter 129, Article II. Telecommunications
Facilities. 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 small wireless facilities. micro wireless facilities, or utility poles
for collocation of small wireless facilities in the City's public rights-of-way.
Wireless support structures. telecommunications towers and other wireless facilities.
including but not limited to an antenna that is not part of a small wireless facility or
17
City of Sunny Isles Beach CROW Ordinance 10-17-18
micro wireless facility, shall not be allowed to be placed or maintained in the public
rights-of-way. to the extent not inconsistent with applicable law. This Ordinance
applies to the placement of conduit, fiber or cable for the purpose of providing
backhaul or communications service. Consistent with Section 337.401. Florida
Statutes, this Ordinance applies to a cable or video service provider that has been
issued and holds a certificate of franchise authority from the Florida Department of
State pursuant to Chapter 610, Florida Statutes that places or maintains a cable system
or wireline facilities in the City's public rights-of-way. This Ordinance shall not apply
to wireless or communications facilities owned by the City. and shall not apply to
communications or wireless facilities owned by a person, including an electric
cooperative. to the extent such facilities are utilized on an internal. non-commercial
basis by said person. This Ordinance does not apply to the placement of electric
utility poles for an electric distribution system located within the City public rights-
of-way pursuant to a valid franchise agreement with the City. However. collocation
of small wireless facilities on such utility poles and any other utility poles placed or
maintained by a City franchised utility in the public rights-of-way will be governed
by the applicable provisions of this Ordinance. Ordinances approving a franchise
agreement with an electric utility shall remain in full force and effect.
notwithstanding any provision of this Ordinance.
b. This Ordinance implements inter alia. the Advanced Wireless Infrastructure
Deployment Act, Section 337.401(7), F.S. ("Wireless Act"). By adopting this
Ordinance. the City does not waive any rights with respect to the Wireless Act
including any rights that may exist under federal law, the Florida Constitution and
d
the U.S. Constitution. In the event the Wireless Act, Section 337.401(7), F.S., is
repealed, amended, or overturned by a court of competent jurisdiction, or preempted
by applicable federal law or regulation. 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 suspended or revoked,
and facilities installed pursuant to this Ordinance or the Wireless Act may be
required to be removed at the facility owner's expense, to the extent consistent with
applicable law. It is the City's intent not to create any vested rights in placing and
maintaining facilities addressed in the Wireless Act in the public rights-of-way as a
result of this Ordinance or any permit issued pursuant to this Ordinance. to the extent
not inconsistent with applicable law.
c. To the extent any provision of this Ordinance conflicts with the Code of Ordinances.
this Ordinance shall control.
d. This Ordinance shall be applicable to all communications facilities placed in the
public rights-of-way on or after the effective date of this Ordinance, all pending
applications for permits subject to this Ordinance. and shall apply to all existing
communications facilities placed in the public rights-of-way prior to the effective
date of this Ordinance, to the full extent permitted by state and federal law. A person
with existing communications facilities in the public rights-of-way shall comply with
18
City of Sunny Isles Beach CROW Ordinance 10-17-18
this Ordinance by the earlier of the following: ninety (90) days from the effective
date of this Ordinance or prior to the issuance of a permit pursuant to this Ordinance.
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 with the exception, to the extent
not inconsistent with applicable law, of compliance with objective or stealth design
standards that may require concealment such as a wrap or landscaping, unless such
facilities are abandoned or otherwise required to be altered or removed.
e. Reservation of rights. The City reserves the right to amend this Ordinance as it shall
find necessary in the lawful exercise of its police powers.
(6) Authority to implement Ordinance. The City Manager or designee is authorized to
adopt, to modify. and to repeal rules and regulations to carry out the intent and
purposes of this Ordinance.
Sec. 129-64. - Definitions.
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 mandatory, and
"may" is permissive. Words not otherwise defined shall be construed to mean the common and
ordinary.meaning.
ABANDONMENT The--per-manen es atiowef-all uses of a comm facility;
provided that this term shall not include cessation of all use of a facility within a physical
structure where the physical structure continues to be used. By way of example, and not
limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used,
shall not be "abandonment" of a facility in public rights of way.
CITY The City of Sunny Isles, Florida.
COMMUNICATIONS FACILITY or FACILITY/SYSTEM Any permanent or
temporary plant, equipment and property, including but not limited to cables, wires, conduits,
ducts, fiber optics, poles, antennas, converters, splice boxes, cabinets, handholes, manholes,
maintained or to be placed or maintained in the public rights of way of the City and used or
capable of being used to transmit, convey, route, receive, distribute, provide or offer
communications services.
COMMUNICATION •SERVICES The same meaning as that term is defined in §
202.11(3) of the Florida Statutes (2000). Notwithstanding the foregoing, "cable service", as
defined in § 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the
definition of "communications services," and cable service providers may be subject to other
ordinances of the City. '°
19
City of Sunny Isles Beach CROW Ordinance 10-17-18
COMMUNICATIONS SERVICES PROVIDER Any person providing
communications services through the placement or maintenance of a communications facility in
public rights of way. "Communications services provider" shall also include any person providing
through the placement of maintenance of a communications facility in the public rights of way.
FCC The Federal Communications Commission.
IN PUBLIC RIGHTS OF WAY or IN THE PUBLIC RIGHTS OF WAY In, on, over,
under or across the public rights of way.
ORDINANCE This article.
PERSON Includes any individual, children, firm, association, joint venture,
partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal
entity of any kind, successor, assignee, transferee, personal representative, and all other groups or
combinations, and shall include the City to the extent the City acts as a communications services
provider.
PLACE or MAINTAIN; PLACEMENT or MAINTENANCE; 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
maintain and repair, is "placing or maintaining" the facilities. A person providing service only
through resale or only through use of a third party's unbundled network elements is not "placing
or-mainta-i-r:inge the communications facilities through wh-ieh-suet: service is provided. The
transmission and receipt of radio frequency signals through the airspace of the public rights of
way does not constitute "placing or maintaining" facilities in the public rights of way.
PUBLIC RIGHTS OF WAY A public right of way, public utility easement, highway,
and may lawfully grant access to pursuant to applicable law, and includes the surface, the air
private property. "Public rights of way" shall not include any r-al or personal City property
except as described above and shall not include City buildings, fixtures, poles, conduits, facilities
or other structures or improvements, regardless of whether they are situated in the public rights
REGISTRANT A communications services provider that has registered with the City in
accordance with the provisions of this article.
REGISTRATION or REGISTER The process described in this article whereby a
communications services provider provides certain information to the City.
As used in this chapter: 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
20
City of Sunny Isles Beach CROW Ordinance 10-17-18
number include the plural number. The words "shall" and "will" are mandatory. 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 or the Spectrum Act. 47 U.S.C. §1455(a) (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 City Code, and if not defined in
the City Code. shall be construed to mean the cornmon and ordinary meaning.
Abandonment or Abandoned shall mean the cessation of all uses of a communications
facility for a period of one hundred eighty (180) 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 accessory 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)(j). 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 reasonably anticipates future use of the dropped line.
Abut shall mean. 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 shall mean (i) 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-way but for an intervening local or collector
roadway.
Antenna shall mean communications equipment that transmits or receives electromagnetic
radio frequency signals used in providing wireless services.
Applicable Codes shall mean uniform building, fire. electrical. plumbing. or mechanical
codes adopted by a recognized national code organization or local amendments to those codes
enacted solely to address threats of destruction of property or injury to persons. including, but not
limited expressly to the Florida Building Code. National Electrical Code, National Electrical Safety
Code. 2010 Florida Department of Transportation Utility Accommodation Manual. the Florida
Department of Transportation Manual on Traffic Control and Safe Practices. the State of Florida
Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and
Highways. 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, and City codes or ordinances adopted to implement Section
337.401, Florida Statutes. including but not limited to this Ordinance. The term includes objective
design standards adopted by this 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 may require
21
City of Sunny Isles Beach CROW Ordinance 10-17-18
reasonable spacing requirements concerning the location of ground-mounted equipment. The term
includes objective design standards adopted by this 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 City 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 shall mean a registrant who submits an application for a permit to locate a
communications facility or utility pole within the public rights-of-way or an application pursuant to
this Ordinance.
Application shall mean a request submitted by an applicant to the City for a permit to
collocate small wireless facilities or for any relief pursuant to this Ordinance.
As-Built Plans shall mean a set of final and complete drawings in a format as specified by
the City 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 shall mean the City 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 jurisdiction and control of the department. which are excluded from this Section.
Authority or City Utility Pole shall mean utility pole owned by the City in thepublic rights-
of-way. The term does not include a utility pole owned by a municipal electric utility, a utility pole
used to support municipally owned or operated electric distribution facilities. or a utility pole located
in the rights-of-way within:
(a) A retirement community that:
(i) 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.
City shall mean the City of Sunny Isles Beach. Florida. a municipal corporation of the State
of Florida. in its present form or in any later reorganized. consolidated. or enlarged form.
City Manager shall mean the City of Sunny Isles Beach, Florida. City Manager or his/her
designee.
Clear Zone shall mean the roadside border area. starting at the edge of the traveled way.
available for safe use by errant vehicles. This area may consist of a shoulder. recoverable slope.
non-recoverable slope. clear runout area. 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 shall mean to install, mount. maintain, modify. operate. or replace
22
City of Sunny Isles Beach CROW Ordinance 10-17-18
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 facilities or facility or system shall mean the 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 pathway used to
transmit, receive. distribute. provide or offer communications services. A utility pole intended for
collocation of a small wireless facility shall be considered a facility for purposes of this Ordinance.
Communications Services shall mean the transmission. conveyance, or routing of voice.
data,'audio, video. or any other information or signals, including cable service and video service as
defined in F.S. §§610.103(1) and (11), 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
of hereafter devised, including wireless services, regardless of the protocol used for such
transmission or conveyance.
Communications Services Provider shall mean any person making available or providing
communications services through the placement or maintenance of a communications facility in
public rights-of-way, or a wireless infrastructure provider. A certificateholder as defined in Section
610.103(4). F.S. is a communications services provider pursuant to this Ordinance.
Communications Services Tax shall mean local communications services tax authorized to
be 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 shall mean a single permit application that would
otherwise require individual permit applications for the collocation of between two (2) and thirty
(30) small wireless facilities to existing structures within the public rights-of-way.
FCC shall mean the Federal Communications Commission.
Florida Building Code shall mean 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 shall mean the latest edition of the Florida Department of Transportation
Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and
Highways.
Force Majeure Event shall mean 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 majeure event for purposes of this Ordinance. shall include.
23
City of Sunny Isles Beach CROW Ordinance 10-17-18
without limitation, the financial inability to perform or comply, economic hardship, and
misfeasance. malfeasance or nonfeasance by any of person's directors. officers, employees,
contractors or agents.
Graffiti shall mean any inscriptions, word, figure, paintin or other defacement that is
written, marked. etched, scratched, sprayed. drawn, painted or engraved on or otherwise affixed to
any communications facility whether or not authorized by the registrant of the communications
facility. A wrap shall not be considered graffiti.
Historic Property shall mean any prehistoric or historic district, site. building. object or
other real or personal property. of historical. architectural or archaeological value. These properties
or resources may include. but are not limited to, monuments. memorials. Indian habitations.
ceremonial sites. abandoned settlements, engineering works. treasure troves. artifacts, or other
objects with intrinsic historical or archaeological value, or any part thereof. relating to the history.
government. or culture of the City.
Homeowners'Association shall mean an incorporated association whose members consist of
owners of single family homes or condominium units that manage or control property owned by the
association.
In Public Rights-Of-Way or In The Public Rights-Of-Way shall mean in. on, over, under or
across the public rights-of-way.
Licensed Engineer means a Florida Registered Professional Engineer. or a person who is
exempt from such registration requirements as provided in F.S. § 471.003.
Lot shall mean a designated parcel of land established by plat. subdivision. or as otherwise
permitted by law. to be used. developed, or built upon as a unit.
Micro Wireless Facility shall mean a small wireless facility having 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.
Ordinance or Chapter shall mean this Ordinance or Chapter of the City Code.
Parcel shall mean any piece of real property that has a single parcel identification number
assigned to it by the Miami-Dade County Property Appraiser.
Pass-through Provider shall mean any person who places or maintains a communications
facility in the public rights-of-way and who does not remit taxes imposed by the City 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 shall mean the public right-of-way permit 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 City.
24
City of Sunny Isles Beach CROW Ordinance 10-17-18
Person shall include any individual, children, firm. association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation. organization or legal entity of any
kind, successor. assignee_, transferee, personal representative. and all other groups or combinations.
but shall not include the City.
Place or Maintain or Placement or Maintenance or Placing or Maintaining shall mean 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 party providing service only
through resale or only through use of a third party's unbundled network elements is not placing or
maintaining the communications facilities through which such service is provided. The transmission
and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing
or maintaining facilities in the public rights-of-way.
PSC shall mean the Florida Public Service Commission.
Public right-of-way . or right-of-way shall mean a public right-of-way. public utility
easement. highway. street. bridge. tunnel. waterway. dock. wharf. court. lane, path. or alley owned
by the City or for which the City is the authority that has jurisdiction and control and may lawfully
grant access to such property pursuant to applicable laws and includes the surface. the air space over
the surface and the area below the surface of all public roads. streets, highways. alleys. boulevards.
bridges. tunnels. public utility easements, and all public grounds. Public rights-of-way shall not
include private property. Public rights-of-way shall not include any real or personal City property
except as described above, and shall not include City 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 shall mean a communications services provider or other person
that has registered with the City in accordance with the terms of this article.
Registration and Register shall mean the process described in this ordinance whereby a
communications services provider provides certain information to the City.
Shroud shall mean a covering or enclosure of equipment associated with a small wireless
facility. other than the antenna. collocated on an existing structure or wireless support structure.
Signage shall mean 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 facility 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 shall mean a wireless facility that meets the following qualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more
25
City of Sunny Isles Beach CROW Ordinance 10-17-18
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 facility 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 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 shall mean a method of camouflaging any wireless support structure. 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 shall mean the area within a five hundred (500) foot radius of a
communications facility site or proposed communications facility site.
Utility shall mean any person or entity that is an electric. gas. water. steam or other public
utility. as defined in Florida law and who owns or operates appurtenant facilities or equipment that
is situated within the public rights-of-way for transmission of such utility's goods, commodities or
services.
Utility Pole shall mean 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 shall mean 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 shall mean 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
26
City of Sunny Isles Beach CROW Ordinance 10-17-18
services provider.
Wireless Provider shall mean a wireless infrastructure provider or a wireless services
provider.
Wireless Services shall mean any services provided using licensed or unlicensed spectrum.
whether at a fixed location or mobile, using wireless facilities.
Wireless Services Provider shall mean a person who provides wireless services.
Wireless Support Structure shall mean 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 shall mean an aesthetic covering depicting artistic or scenic imagery. Imagery in a
wrap may not contain any advertising.
Sec. 129-65. Registration for Placing Or Maintaining Communications Facilities in Public Rights-
Of-Way.
A. A communications services provider that desires to place or maintain a
communications facility in public rights of way in the City shall first register with
the City in accordance with this article. Subject to the terms and conditions
prescribed in this article, a registrant may place or maintain a communications
facility in public rights of way if, and to the extent, such placement and
mainter once complies with the City's ordinances, codes and fettgations.
B. A registration shall not convey any title or property interest, equitable or legal, to
the registrant in the public rights of way. A registration shall be revocable at will
governs only the right to place or maintain communications facilities in public
rights of way. A registrant may place and maintain communications facilities if,
and to the extent the registrant is in full compliance with City ordinances, codes
of-regulations. Registration does not excuse a communications services provider
from obtaining appropriate permits, authorized access or pole attachment
agreements before locating its facilities in the public rights of way. Registration
does not excuse a communications services provider from complying with all
applicable City ordinances, codes or regulations, including this article.
C. Each communications services provider that desires to place or maintain a
communications facility in public rights of way in the City shall file a single
registration with the City, which shall include the following information:
(1)Name of the applicant;
in connection with the registration, and the person to contact in case of an
emergenc
27
City of Sunny Isles Beach CROW Ordinance 10-17-18
(3) For registrations submitted prior to October 1, 2001, the applicant shall state
whether it provides local service or toll service or both;
(1) Evidence of the insurance coverage required under this article, which shall
include proof of insurance or self insuring status adequate to defend and cover
claims, and acknowledgement that registrant has received and reviewed a copy
of this article, which acknowledgement shall not be deemed an agreement;
(5) The number of the applicant's certificate of authorization or license to provide
communications services issued by the Florida Public Service Commission,
the Federal Communications Commission, or other federal or state authority,
if any; and
(6) A copy of the applicant's current certificate of registration as a
communications services provider issued by the Florida Department of
Revenue.
D. The City Manager or his designee shall review the information submitted by the
applicant. Such review shall be by the designated City official or his or her
designee. If the applicant submits information in accordance with Subsection C
above, the registration shall be effective upon the receipt of written notice from
for the noneffectiveness, in writing. The City shall so reply to an applicant within
30 days after receipt of registration information from the applicant.
will no longer-$ac-- . •-.•- .•- . mmunica*ions facilities-in -Iie-Fights of
way within the City and will no longer need to obtain permits to perform work in
public rights of way. A registrant may not cancel a registration if the registrant
continues to place or maintain any communications facilities in public rights of
wa
- - - -
priority for the placement or maintenance of a communications facility in public
rights of way within the City. Registrations are expressly subject to any future
City ordinances, as well as any state or federal laws that may be enacted.
G. A registrant shall renew its registration with the City by April 1 of even numbered
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.
pursuant to Subsection C, except, as of October 1, 2001, Subsection C(3), a
registrant shall provide updated information to the City. If no information in the
then existing registration has changed, the renewal may state that no information
has changed. Failure to renew a registration may result in the City suspending a
28
City of Sunny Isles Beach CROW Ordinance 10-17-18
certificate of compliance issued on the basis of the registration until the
communications services provider has complied with the registration requirements
of this article.
H. In accordance with applicable City ordinances, codes or regulations, a separate
permit may be required for work to be performed and shall be required each time
that a communications facility is placed or maintained in public rights of way. An
effective certificate of compliance shall be a condition precedent to obtaining such
permits.
(1) A certificate of compliance will be issued by the City Manager or his
designee when the following conditions have been met:
(a) The communications services provider provides proof of valid
registration under this section;
(b) The communications services provider demonstrates that it has
provided the certificate of insurance and, to the extent such
requirements are applicable, complied with the requirements set forth
in Article II, Telecommunications Rights of Way, of this chapter.
(c) The communications services provider demonstrates that it has
provided the appropriate bond in accordance with Article II,
Telecommunications Rights of Way, of this chapter.
(d) The City Manager believes that the communications service provider is
in full compliance with all the City ordinance, codes and regulations.
A registrant that places or maintains communications facilities in the public
fights of way shall be required to pay compensation to the City-as reqs -y
applicable federal and state laws and ordinances of the City.
J. Registration with the City is required of all communications services dealers, as
that term is defined in Section 202.11, Florida Statutes. As provided in Section
202.17(1), Florida Statutes, registration with the Florida Dep •• • ' - .
does not constitute compliance with the City's registration requirement.
Florida Department of Revenue certificate of registration as a communications
services provider revoked, as provided in Section 202.17(7), Florida Statutes, said
provider shall notify the City immediately within 60 days of said revocation.
(a) All persons seeking to place or maintain a communications facility. including but not
limited to a cable system, fiber. backhaul facility, or utility pole for collocation of a
small wireless facility in the public. rights-of-way in the City pursuant to this
Ordinance shall first register with the City in accordance with this Ordinance before
being eligible to receive a permit. Subject to the terms and conditions prescribed in
this Ordinance and approval of a permit if necessary, a registrant may place or
maintain a communications facility in public rights-of-way. A communications
services provider, pass-through provider, or wireless infrastructure provider with an
existing communications facility in the public rights-of-way of the City as of the
29
City of Sunny Isles Beach CROW Ordinance 10-17-18
effective date of this Ordinance shall comply with the terms of this Ordinance,
including, but not limited to obtaining an effective registration. or be in violation
thereof, by the earlier of the following: ninety (90) days from theeffective date of
this Ordinance or prior to the issuance of a permit by the City pursuant to this
Ordinance. 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. The City
reserves the right to establish by resolution a fee to accompany a registration to the
extent not inconsistent with applicable law.
(b) Requirements for an effective registration. A person that desires to place or maintain
a communications facility. backhaul facilities and a wireless 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 City shall file four complete originals in a format
designated by the City that shall include the following information:
(1) Name of the registrant:
(2) 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.
(3) The type of communications services that the registrant provides or intends to
provide within the City (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 currently remits or intends to remit Communications
Service Tax for distribution to the City. as authorized in Ch. 202, F.S.:
(4) Evidence of the insurance coverage required under this Ordinance:
(5) Acknowledgment that registrant has received and reviewed a copy of this
Ordinance:
(6) A copy of the registrant's certificate of authorization, public convenience and
necessity. 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:
(7) Documentation demonstrating that if the registrant is an individual, that the
registrant is a resident of Florida, or if the registrant is a corporation that the
registrant is organized under the laws of Florida or licensed to do business
within Florida. or. as applicable, a statement that the registrant is not a
30
City of Sunny Isles Beach CROW Ordinance 10-17-18
resident or organized or licensed to do business within Florida; and
(8) A permanent performance bond as described herein to guarantee compliance
in accordance with this Ordinance.
Insurance.
(1) Registrant shall provide. pay for and maintain satisfactory to the City. the
types of insurance described herein. All insurance shall be from responsible
companies duly authorized to do 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 City. All liability policies shall provide that the City is an additional
insured in the endorsement. Thirty-days advance written notice by registered
or certified mail must be given to the City of any cancellation, intent not to
renew. or reduction in the policy coverages. As evidence of compliance with
the insurance required herein, the registrant shall furnish the City with a fully
completed satisfactory Certificate of Insurance evidencing all coverage
required. Also. the registrant shall provide a copy of the actual additional
insured endorsement as issued on the Commercial General Liability policy.
signed by an authorized representative of the insurer(s) verifying inclusion of
the City of Sunny Isles Beach and its members, officials, officers and
employees as additional insureds in the Commercial General Liability
coverage. Such documents shall be filed and maintained with the City
annually. In addition to the certificate of insurance. the registrant shall
provide a copy of the insurance policy. if requested by the City.
(2) The limits of coverage of insurance required shall be not less than the
following:
i. Worker's compensation and employer's liability. Insurance
employer's liability: Such insurance shall be no more restrictive than
that provided by the Standard Workers' Compensation Policy. as filed
for use in Florida by the National Commission on Compensation
Insurance, without restrictive endorsements.
The minimum amount of coverage (inclusive of any amount provided
by an umbrella or excess policy) shall be:
Part One: "Statutory"
Part Two: $1,000.000 (Each Accident)
$1,000.000 (Disease-Policy Limit)
$1,000,000 (Disease-Each Employee)
The Workers' Compensation Policy must be endorsed to waive the
insurer's right to subrogate against the City and the City's board
members. officials. officers. agents and employees in the manner
which would result from the attachment of the NCCI Waiver Of Our
Right to Recover From Others Endorsement (Advisory Form WC 00
31
City of Sunny Isles Beach CROW Ordinance 10-17-18
03 13) with City and the City's board members. officials, officers.
agents and employees scheduled thereon.
ii. Comprehensive general liability. Such insurance shall be no more
restrictive than that provided by the most recent version of standard
Commercial General Liability Form (ISO Form CG 00 01) as filed for
use in the State of Florida without any restrictive endorsements, other
than those required by ISO or the State of Florida. Said coverage
shall not exclude contractual liability. products/completed operations,
independent or contractors. The City of Sunny Isles Beach. and its
members, officials, officers and employees shall be included as
"Additional Insureds" on a form no more restrictive than the latest
edition of ISO Form CG 20 10 (Additional Insured — Owners.
Lessees, or Contractors — Scheduled Person or Organization
Endorsement). The minimum limits (inclusive of amounts provided
by an umbrella or excess policy) shall be:
General Aggregate $3,000,000
Products/Completed Operations Aggregate $3,000,000
Personal and Advertising Injury $3,000,000
Each Occurrence $3,000,000
The insurance provided by Registrant shall apply on a primary basis.
Any insurance, or self-insurance, maintained by the City of Sunny
Isles Beach shall be excess of and shall not contribute with. the
insurance provided by Registrant.
iii. Automobile liability. Such insurance shall be no more restrictive than
that provided by Section II (Liability Coverage) of the most recent
version of standard Business Auto Policy (ISO Form CA 00 01)
without any restrictive endorsements. including coverage for liability
contractually assumed. The policy shall cover all owned, non-owned.
and hired autos used in connection with the performance of the work.
The minimum limits (inclusive of any amounts provided by an
umbrella or excess policy) shall be:
Each Occurrence Bodily, Injury and
Property Damage Liability Combined $3.000.000
iv. Umbrella or excess liability. Registrant may satisfy the minimum
limits required above for either commercial general liability, business
auto liability and employer's liability coverage under umbrella or
excess liability. The umbrella or excess liability shall have an
a2uegate limit not less than the highest "each occurrence" limit for
commercial general liability, business auto liability or employer's
liability. The City shall be specifically endorsed as an "additional
insured" on the umbrella or excess liability. unless the certificate of
32
City of Sunny Isles Beach CROW Ordinance 10-17-18
insurance states the umbrella or excess liability provides coverage on
a "follow-form" basis.
v. 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 City in its sole discretion based on the City's
evaluation of the registrant's ability to comply with the City Code.
Registrant agrees to notify the City, and/or indicate on the
certificate(s) of insurance when self-insurance is relied upon or when
a self-insured retention meets or exceeds $100.000. The City 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 determining
the registrant's financial capacity to self-insure.
(3) Right to review. City. by and through its risk manager. reserves the right to
review, 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. City 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.
(4) This Ordinance shall not be construed to affect in any way the City'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 Ordinance. Notwithstanding the foregoing. the
City may. in its sole discretion, require increased or decreased levels of
insurance.
(d) Permanent Performance Bond to Guarantee Compliance. For an effective
registration. a registrant shall file with the City. for City approval, a permanent
performance bond in the amount of twenty-five thousand dollars ($25.000). in the
form of a cash deposit or irrevocable letter of credit. Any cash deposit shall be held
in a City account and used only for the purposes contained in this Ordinance. The
letter of credit shall be issued by a financial institution so that it may be presented
within Miami-Dade County and shall be in a form and issued by a financial
institution acceptable to the City Attorney. The permanent performance bond shall
be conditioned on the full and faithful performance by the registrant of all
requirements. duties and obligations imposed upon the registrant by the provisions of
this Ordinance. including but not limited to requirements to restore the public rights-
of-way and guarantee such restoration. remove any abandoned communications
facilities, pay appropriate compensation to the City, and pay for any damage to City
or other facilities in the public rights-of-way. The permanent performance bond is
not a fee or tax for access to the public rights-of-way. Should the City draw upon the
permanent performance bond. the City shall promptly notify the registrant. and the
registrant shall promptly restore the cash deposit and/or letter of credit. as may be
33
City of Sunny Isles Beach CROW Ordinance 10-17-18
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
permanent performance bond, any damages or loss suffered by the City 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. The cash deposit and instruments of the permanent performance
bond shall be furnished as frequently as necessary to provide a continuing guarantee
of the registrant's full and faithful performance at all times. A registrant may request
that the City return the permanent performance bond or approve the cancellation of
the permanent performance bond upon the expiration of a registrant's obligations
pursuant to the City Code but in no event while a registrant maintains obligations
with respect to facilities in the public rights-of-way. If the City determines that a
cash deposit should be returned, it shall return the cash deposit to the registrant
without interest.
() Review of Registration. The City shall review the information submitted by the
registration applicant. If the applicant submits information in accordance with this
subsection the City shall notify the applicant of the effectiveness of registration in
writing. If the City determines that the information has not been submitted in
accordance with this subsection. the City shall notify the applicant in writing of the
non-effectiveness of registration. and reasons for the non-effectiveness. The City
shall undertake commercially efforts to notify a proposed registrant within 30 days
after receipt of registration information . A notice of non-effectiveness of a
registration shall not preclude a person from reapplying.
(f) Regulations Applicable to Registrations.
(1) A registration shall not convey any title. equitable or legal. in the public
rights-of-way. Within 30 days of any change in the information required to be
submitted by a registrant. a registrant shall provide updated information to
the City.
(2) Registration shall be nonexclusive. Registration shall not establish any right
or priority to place or maintain a communications facility in any particular
area in public rights-of-way within the City. Registrations are expressly
subject to any future amendment to or replacement of this Ordinance, and
further subject to any additional City ordinances, as well as any applicable
state or federal laws.
(3) Unregistered use of public rights of way. To the extent that a person with
communications facilities in the public rights-of-way. is not registered as
required herein. said person shall register with the City pursuant 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.
(4) Registration renewal. A registrant shall renew its registration with the City
34
City of Sunny Isles Beach CROW Ordinance 10-17-18
by April 1 of even-numbered years in accordance with the registration
requirements in this Section. 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 City restricting the issuance of additional permits.
(5) Indemnification. A registrant shall. at its sole cost and expense. indemnify,
hold harmless and defend the City. 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 City 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. This provision includes. but is not limited to.
the City's reasonable attorneys' fees incurred in defending against any such
claim. suit or proceedings. City agrees to notify the registrant, in writing,
within a reasonable time of City receiving notice of any issue it determines
may require indemnification. Nothing in this Ordinance shall prohibit the
City from participating in the defense of any litigation by its own counsel and
at its own cost, if in the City's reasonable belief there exists or may exist a
conflict, potential conflict or appearance of a conflict. Nothing contained in
this Ordinance shall be construed or interpreted:
as denying to either party any remedy or defense available to
such party under the laws of the state of Florida;
ii. as consent by the City to be sued; or
iii. as a waiver of sovereign immunity beyond the waiver
provided in F.S. §768.28, as it may be amended.
(6) A registrant may cancel a registration upon written notice to the City that the
registrant will no longer place or maintain any communications facilities in
public rights-of-way. No liens shall apply to public rights-of-way or City
property as a result of the placement or maintenance of a registrant's facilities
in the public rights-of-way or on a City utility pole. In the event any liens are
filed on the City property or public rights-of-way, the registrant shall
discharge such lien at its expense within ten (10) days of receiving notice. or
the City may discharge such lien. and charge such costs plus reasonable
attorney's fees to registrant.
(7) A registrant shall pay or reimburse the City. as applicable. for 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 a
City utility pole as a result of a registrant's collocation.
35
City of Sunny Isles Beach CROW Ordinance 10-17-18
(8) Reports and records.
(a) Upon reasonable request. a registrant shall provide the following_
documents to the City as received or filed:
i. Any pleadings, petitions, notices, and public documents, which may
directly impact the obligations under this Ordinance and which are
reasonably necessary for the City to protect its interests under this
Ordinance.
ii. Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
(b) The City shall keep any documentation, books and records of the
registrant confidential to the extent required under Florida Statutes.
(9) Termination of Registration. The City may terminate a registration if:
Lai A federal or state authority suspends, denies, or revokes a registrant's
certification or license required to provide communications services:
(b) The registrant's placement or maintenance of a communications
facility in the public rights-of-way presents an extraordinary danger to
the general public or other users of the public rights-of-way and the
registrant fails to remedy the danger promptly after receipt of written
notice:
( The registrant abandons its facilities in the public rights-of-way: or
(d) The registrant commits substantial and material violations of any of
the provisions of applicable codes including but not limited to this
Ordinance.
(10) Notice of intent to terminate. Prior to termination, the City 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 City. 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
safe. If the plan is rejected by the City. the City shall provide written notice
of such rejection 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.
(11) 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
City 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 City with an acceptable plan for removal or
36
City of Sunny Isles Beach CROW Ordinance 10-17-18
disposition of its communications facilities in the public rights-of-way and
restore the public rights-of-way to its condition immediately prior to the
removal. If a registrant fails to comply with this subsection. the
communications facilities are deemed to be abandoned and the City may
exercise any remedies or rights it has at law or in equity as well as the City's
•
remedies pursuant to this Ordinance. The obligations of the registrant
hereunder shall survive the termination of a registration. A registrant that has
its registration terminated by the City under this Ordinance may reapply for
registration one (1) year after the termination date of the prior registration.
unless otherwise permitted to reapply at the sole discretion of the City.
(12) In the event of termination of a registration. this Ordinance does not authorize
the City 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 City, if required.
(13) 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 City within 20 days after 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 tore-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 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 City officials that the transferee, buyer or assignee is the new
applicant.
(14) City makes no warranties or representations regarding the fitness, suitability
or availability of public rights-of-way for the registrant's communications
facilities. 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 City's authority to add, vacate or abandon public
rights-of-way, and the City makes no warranties or representations regarding
the availability of any added, vacated or abandoned public rights-of-way for
communications facilities.
(15) In the event registrant desires to use its existing facilities or to construct new
facilities for the purpose of providing any other services other than the
provision of communications service. or for providing any other use to
37
City of Sunny Isles Beach CROW Ordinance 10-17-18
existing or potential consumers, a registrant shall seek such additional and
separate authorization from the City for such activities as may be required by
applicable law.
Sec. 129-66. Transfer, sale or assignment of assets in public rights of way; transfer of statewide
cable franchise certificate..Requirement of a Permit.
A. If a registrant transfers, sells or assigns its assets located in public rights of way
incident to a transfer, sale or assignment of the registrant's assets, the transferee,
the transferee, buyer or assignee is a current registrant, then the transferee, buyer or
assignee is not required to reregister. If the transferee, buyer or assignee is not a
current registrant, then the transferee, buyer or assignee must register and receive
notice of the effectiveness of its registration as provided by this article.
B. If permit applications are pending in the registrant's name, the transferee, buyer or
assignee shall notify the City Manager or his designee that the transferee, buyer or
assignee is the new applicant. The City shall not issue permits until the registration
of the transferee, buyer or assignee becomes effective.
C. A registered communications services provider that possesses a current and valid
Florida state issued certificate of franchise authority to provide cable or video
services as issued by the Florida Department of State shall provide the City with
written notice of any transfer of 'tee think days as authorized by
Section 610.111(d), Florida Statutes.
(a) In accordance with applicable law, City ordinances, codes and regulations, including
this Ordinance. a right-of-way use permit issued by the City shall be required for any
person 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 a condition of obtaining a permit. A permit may be obtained by or on behalf of a
registrant if all permitting requirements are met. The City may grant to any person
who is a resident of Florida. or to any corporation which is organized under the laws
of Florida or licensed to do business within Florida.. the use of a right-of-way for the
communications facility in accordance with such rules or regulations as the City may
adopt. No communications facility shall be installed, located. or relocated unless
authorized by a written permit issued by the City. Permits shall apply only to the
areas of public rights-of-way specifically identified in the permit. The City may
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.
(b) Limited Exceptions to Permit Requirement.
(1) A registrant shall be allowed to perform emergency maintenance within the
public rights-of-way without first obtaining a permit or providing a
38
City of Sunny Isles Beach CROW Ordinance 10-17-18
performance bond. The term "emergency" shall mean a condition that affects
the public's health. safety or welfare. which includes an unplanned out-of-
_ service condition of a pre-existing service. Registrant shall provide prompt
notice to the City of the placement or maintenance of a communications
facility in public rights-of-way in the event of an emergency and, within ten
(10) days of completing the emergency maintenance. apply for a permit if
such activity required a permit.
(2) 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 of transportation in the public rights-
of-way. In the case of routine maintenance, a registrant shall provide
reasonable advance written notice to the City identifying the areas where
such maintenance will occur, scope of maintenance. date(s) and duration of
work to be performed. If routine maintenance requires the closure of the
public rights-of-way, a permit shall be required.
(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. Any maintenance or replacement that involves a City Utility Pole or
City utility shall not be performed without providing reasonable prior notice.
at least 72 hours, to the City.
(4) A registrant shall be allowed to place or to maintain a service drop within the
public rights-of-way without first obtaining a permit if such proposed work
does not involve excavation, construction, or the temporary closure of the
public rights-of-way.
(5) A registrant shall not be required to obtain a permit 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 or manufacturer's specifications with
the micro wireless facility's dimensions to the City for review. A registrant's
submission to demonstrate a micro wireless facility's dimensions may 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 unless the registrant seeks
to place a micro wireless facility by a different manufacturer or with different
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.
39
City of Sunny Isles Beach CROW Ordinance 10-17-18
cc) The City Manager 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, safety 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. 129-67. —Placement or maintenance of a communications facility in public rights of way.
Permit Application Requirements and Review Procedures.
and federal law and City ordinances, codes and regulations in placing or maintaining a
communications facility in public rights of way, including but not limited to Article II,
Telecommunications Rights of Way, of this chapter.
Pre-application meeting. To minimize issues related to a permit application, prior to
applying for a permit. a registrant shall conduct a pre-submittal meeting with the City to
discuss the registrant's plans and network goals for placing or maintaining facilities in the
public rights-of-way unless prohibited by applicable law based on the proposed facilities.
The City 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 City. in its
sole discretion. may waive the requirement of a pre-submittal meeting for good cause based
on the scope of the proposed permit and registrant's compliance with this Ordinance. In no
event shall a pre-submittal meeting be waived for a consolidated permit to the extent not
inconsistent with applicable law.
Laj Application requirements for all 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 provide four originals of a permit application in the designated
format with the City that sets forth information required on the City's application
form. including. at a minimum. the following:
(1) If the applicant for the permit is not the registrant, a statement of authority by
the registrant for the applicant to act on behalf of the registrant. In addition.
if the applicant is a contractor. the contractor's license or registration and
insurance information confirming authority to perform construction in the
City and whether the contractor has any open permits with the City. and if so.
the permit identification number or information.
(2) Confirmation that the applicant engaged in a pre-submission meeting or such
meeting was waived by the City or otherwise not required and that the
applicant has an effective registration .
(3) Engineering plan. An engineering plan signed and sealed by a licensed
engineer. that includes the following:
40
City of Sunny Isles Beach CROW Ordinance 10-17-18
(a) Except for applications to collocate small wireless facilities on
existing utility poles in the public rights-of-way, an American Land
Title Association (ALTA) survey or other survey that may be
specified in the City's application form demonstrating that the
proposed location of the facility or utility pole is within the public
rights-of-way, unless waived by the City in its sole discretion,
pursuant to information confirming the proposed facility is located
with the public rights-of-way:
(b) The type of proposed facility. location of the proposed facility, and
the dimensions, height, footprint, stealth design, and concealment
features of the proposed facility:
(c) The Global Positioning System (GPS) coordinates of the proposed
facility. The GPS coordinates shall be based on the reading from a
handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS
coordinates based on Google Earth or similar application may be used
where areas of shading occur due to overhead canopy. GPS
Coordinates shall be provided in decimal degrees at a six (6) decimal
point precision;
(d) Whether the proposed facility is proposed within a location subject to
restrictions pursuant to this Ordinance;
(e) Distances between the proposed facility and the edge of nearby
pavement, 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:
(f) For new communications facilities, a sketch showing pavement.
sidewalks, driveways, ramps. trees. below-grade utilities, and other
above-grade and below-grade structures and facilities within the
public rights-of-way located within a fifty (50) foot radius;
(g) Sufficient specificity demonstrating compliance with applicable
codes. including the Florida Building Code. most current edition.
specifically including but not limited to terms of compliance with the
High Velocity Zone Criteria specified therein, 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.
as may be amended:
(h) The routes of all new 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) or any connection or tie-in to any existing lines in the
public right-of-way, as may be applicable based on the proposed
installation:
(i) Certification that the proposed facility will not materially interfere
41
City of Sunny Isles Beach CROW Ordinance 10-17-18
with the safe operation of traffic control equipment:
(j) Certification that the proposed facility will not interfere with sight
lines or clear zones for transportation, pedestrians, or public safety
purposes or result in the public rights-of-way being inconsistent with
the Florida Greenbook;
(k) Certification that the proposed facility will not materially interfere
with compliance with the Americans with Disabilities Act similar
federal or state standards regarding pedestrian access or movement:
and
(1) Other engineering information that may be requested by the City.
(4) Trees or landscaping proposed to be removed or impacted upon the
placement or maintenance of the proposed facility.
(5) Photographic or video documentation of the pre-construction condition of the
public rights-of-way in the area to be affected by the installation of the
proposed facility.
(6) Description of installation or construction and timetable. A description of the
method by which the facility will be installed and/or modified (i.e.
anticipated construction methods or techniques) and timetable for
construction.
(7) Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan. if appropriate, to accommodate placement or
maintenance of the facility.
(8) Temporary maintenance of traffic (MOT) plan. The applicant shall provide a
temporary traffic lane closure and maintenance of traffic (MOT) plan. if
appropriate, to accommodate placement or maintenance of the facility.
(9) 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. Such good faith estimate shall be accepted by the City
unless the City determines such estimated costs are not representative of the
actual costs of the restoration of the public rights-of-way. Estimates of the
cost to restore the public rights-of-way shall include all costs necessary to
restore the public rights-of-way to its original condition or better. 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) Indemnification. A statement shall be included with the permit application
42
City of Sunny Isles Beach CROW Ordinance 10-17-18
that by execution of the application and by applying for the permit. the
applicant shall be bound to the City with respect to the indemnification
provision set forth in this Ordinance.
(11) Airport airspace protection. If applicable, the applicant shall confirm
compliance with Chapter 333. F.S. and all City codes. State and federal laws
and regulations pertaining to airport airspace protections.
(12) Attestation. For applications by a wireless infrastructure provider or its
contractor for the placement or maintenance of a utility 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
facility will be collocated on the utility pole and will be used by a wireless
services provider to provide communication service within nine (9) months
after the date the application is approved.
(13) Pole attachment agreement. Except for pole attachments regulated pursuant
to 47 U.S.C. § 224, if applicable for the proposed facility. the applicant shall
provide 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
City. and indicating the registrant is authorized to install its facility on the
identified utility pole.
(14) 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 location and height 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.
(15) If the permit application includes a backup power supply. information to
demonstrate that the backup power supply and proposed fuel storage satisfies
the applicable law.
(16) 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:
(a) Documentation to the satisfaction of the City from a licensed
engineer, that the structure and foundation of the utility pole intended
to support the collocation of the small wireless facility can support the
additional load of the proposed small wireless facility consistent with
43
City of Sunny Isles Beach CROW Ordinance 10-17-18
the requirements of the Florida Building Code:
(b) A description by the applicant to the satisfaction of the City how the
proposed small wireless facility complies with the objective design
standards set forth in this Ordinance. For a proposed ground-mounted
small wireless facility, such information shall include whether the
proposed small wireless facility includes a wrap that has been
approved by the City or is of an architectural design that is
substantially similar to other infrastructure in the area of the public
rights-of-way or has been approved by the City.
(c) Accurate photo simulations of the proposed small wireless facility and
if applicable, as collocated on the utility pole.
(17) 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 City to address multiple facilities in one permit application.
In addition, 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 30 small wireless facilities. The application must include
the information required for an application for each of the proposed small
wireless facilities. If the application includes multiple small wireless
facilities, the City may separately address small wireless facility collocations
for which incomplete information has been received or which are denied.
(18) To the extent not inconsistent with applicable law. such additional
information requested by the City reasonably necessary for the permit
application.
(19) The City may require that the applicant for a permit perform the inspection of
the work authorized by the permit to close out the permit at its costs and
provide certification to the City at its costs by a licensed engineer. that such
work was performed consistent with the requirements of the permit.
(b) Application Review and Procedures for Small Wireless Facilities and Utility Poles
for Collocation of Small Wireless Facilities.
(1) Time periods within this subsection may be extended for the period of time
impacted by a force majeure event or by a declared State of Emergency by
the City or Governor of the State that impacts the City ("force majeure
extension"). If an applicant opposes a force majeure extension pursuant to
this subsection. it shall notify the City within 24 hours of such extension
becoming effective or the applicant shall be deemed to have consented to the
extension.
Unless extended by mutual consent of the applicant and City. within
14 days after receiving an application, the City Manager will notify
the applicant by electronic mail as to whether the application is
44
City of Sunny Isles Beach CROW Ordinance 10-17-18
complete. If an application is deemed incomplete, the City will
specifically identify the missing information. An application is
deemed complete if the City fails to provide notification to the
applicant within 14 days.
(b) Negotiation Process.
(1) Unless extended by mutual consent of the applicant and the
City. within 14 days after the date of filing the application, the
City 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 City utility pole or support structure
or may place a new utility pole. The City and the applicant
may negotiate the alternative location, including any objective
design standards and reasonable spacing requirements for
ground-based equipment. for 30 days after the date of the
request.
(2) At the conclusion of the negotiation period, if the alternative
location is accepted by the applicant, the applicant must notify
the City of such acceptance and the application shall be
deemed granted for any new location for which there is
agreement and all other locations in the application.
(3) If an agreement is not reached, the applicant must notify the
City of such nonagreement and the City must grant or deny the
original application within 90 days after the date the
application was filed unless extended by mutual consent of the
applicant and City. Failure of the applicant to so notify the
City as required herein shall be deemed to constitute the
applicant's rejection of the City's alternative location. A
request for an alternative location, an acceptance of an
alternative location. or a rejection of an alternative location
must be in writing and provided by electronic mail.
The City processes all applications on a nondiscriminatory basis.
Unless the City and the applicant engage in negotiations as provided
above, the City 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 an application.
(d) Extension of time. If the City and the applicant do not engage in
negotiations. the applicant and City may mutually agree to extend the
60-day application review period. The City shall grant or deny the
application at the end of the extended period.
The City may deny a proposed collocation of a small wireless facility
in the public rights-of-way if the proposed collocation:
45
City of Sunny Isles Beach CROW Ordinance 10-17-18
(1) Materially interferes with the safe operation of traffic control
equipment:
(2) Materially interferes with sight lines or clear zones for
transportation. pedestrians, or public safety purposes;
(3) Materially interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding
pedestrian access or movement;
(4) Materially fails to comply with the 2010 edition of the Florida
Department of Transportation Utility Accommodation
Manual; or
(5) Fails to comply with applicable codes.
(f) Cure Procedure.
(1) If the application is denied. the City will specify the basis for
the denial. including the specific code provisions on which the
denial was based, on the day the City denies the application.
(2) The applicant may cure the deficiencies identified by the City
and resubmit the application within 30 days after the notice of
denial is sent.
(3) If an attempt to cure is made by the applicant, the City 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 City. the applicant shall
submit a new application.
(4) The City's second and subsequent reviews of revised
applications will be limited to the deficiencies cited in the
denial notice.
(g) A permit issued pursuant to an approved application shall remain in
effect for one (1) year unless otherwise extended, suspended. or
revoked by the City pursuant to this Ordinance. If a small wireless
facility or utility 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.
(h) A permit from the City constitutes authorization to undertake only
46
City of Sunny Isles Beach CROW Ordinance 10-17-18
certain activities in the public rights-of-way 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.
(2) Review procedures for applications for all communications facilities other
than small wireless facilities and utility poles for collocation of small wireless
facilities. The City shall review and process applications for communications
facilities other than small wireless facilities and utility poles for collocation
of small wireless facilities consistent with applicable law and City
procedures. The City may deny an application for a communications facility
in the public rights-of-way if such facility does not comply with applicable
codes. including this Ordinance.
(3) Suspension and revocation of permits.
(a) The City may order the suspension of work under a permit and
ultimately may suspend or revoke any 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 any 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;
(2) 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 City:
(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 permanent performance
bond or insurance;
(5) The failure to properly restore the public rights-of-way:
(6) The failure to comply within the specified time with an
order issued by the City
(7) The failure to register, renew a registration, or provide
notice of transfer in accordance with this Ordinance:
(8) The failure to relocate or remove facilities pursuant to this
Ordinance and Sections 337.402. 337.403 and 337.404. F.S.. as
amended:
(9) Conducting work in the public rights-of-way without a permit.
if required.
(b) If the City 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 City shall make
a written demand upon the registrant to remedy such violation.
The demand shall state that the continued violation(s) may be cause
47
City of Sunny Isles Beach CROW Ordinance 10-17-18
for suspension or revocation of the permit. Further. the City may place
additional or revised permit conditions following a substantial
breach. In addition, the City may refuse to issue new permits to a
registrant or registrant's contractor 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 City, including paying any damages; costs or
penalties that may have been assessed.
Within thirty (30) days of receiving notification of the breach. the
permittee shall contact the City and provide a plan. acceptable to the
City. The City shall provide additional time as reasonably necessary
for a permittee to establish an acceptable plan taking into account the
nature and scope of the alleged breach. The permittee's failure to so
contact the City. 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 City'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 City for the
City's reasonable costs, including restoration costs, administrative
costs, and the cost of collection. These costs may also be deducted
from the registrant's permanent performance bond or construction
bond. as applicable, in the City's discretion.
The City may cause an immediate stop work order where the
construction poses a serious threat to the health. safety or welfare of
the public until such time as such serious threat has been abated.
(f) In the event of an emergency, if a registrant fails to do so in a timely
manner, the City may perform any work involving a communications
facility in the public rights-of-way to prevent a threat to the health,
safety or welfare of the public and charge all costs including
collection costs to the registrant. Nothing herein shall operate as a
waiver of the City's police powers.
(4) 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
48
City of Sunny Isles Beach CROW Ordinance 10-17-18
violation of federal or state law.
(b) The City may grant a waiver 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.
(c A request for a waiver shall be filed either prior to or
contemporaneously with the permit application. The request for
waiver shall contain each provision for which a waiver is sought. A
request for a waiver shall include the following information:
(1) A detailed explanation. with supporting engineering
information 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:
(3) Any special conditions and circumstances affecting the
proposed site which prevent compliance with the Ordinance or
subsection for which a waiver is being sought;
(4) If applicable. topography. tree coverage and foliage in the
immediate surrounding area of the proposed facility or within
the surrounding neighborhood;
(5) Design of the proposed facility with particular reference to
achieving compatibility with the surrounding neighborhood
and other structures in the public rights-of-way and
eliminating adverse visual impacts:
(6) If the proposed waiver is compliant with the Americans With
Disabilities Act, 42 U.S.C. §12101. et seq.. and applicable
codes;
(7) Any other information the City may reasonably require to
process the request for waiver.
(d) The City 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 City consent to an extension.
In granting any waiver. the City may impose conditions to the extent
the City determines such conditions are necessary to minimize any
adverse effects of the proposed facility on the surrounding
49
City of Sunny Isles Beach CROW Ordinance 10-17-18
neighborhood or to protect the health. safety and welfare of the
public.
Should a request for waiver, and ultimately a permit. be denied by the
City. the denial of the waiver may be appealed with an appeal of the
permit denial in accordance with this Ordinance.
(5) Appeals.
Final, written decisions of a designee of the City Manager, 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, denying a waiver. or
imposing costs or a fine, are subject to appeal to the City Manager.
An appeal must be filed with the City Clerk 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
City Manager shall review the appeal based on the information
submitted previously to the City and no new information shall be
considered. Subject to a force majeure event. unless waived by the
applicant, and a written decision shall be rendered by the City
Manager within 30 days of receipt of the appeal.
(b) An appeal from a decision of the City Manager may be appealed to
the Hearing Officer within 30 days. by filing a written notice of
appeal with the City Clerk and providing copies to the City Manager
and the City Attorney. Any appeal not timely filed shall be waived.
The notice of appeal shall state the decision which is being appealed.
the grounds for appeal. a brief summary of the relief which is
sought, and shall be accompanied by a nonrefundable fee of
$500.00. The Hearing Officer may affirm. modify or reverse the
decision of the City Manager. The City Clerk shall notify any party
who has filed a written request for such notification of the date when
the matter will be presented to the Hearing Officer. Nothing
contained herein shall preclude the Hearing Officer from seeking
additional information prior to rendering a final decision. The
decision of the Hearing Officer shall be by in writing and a copy of
the decision shall be forwarded to the City Manager and the
appealing party. Within the time prescribed by the appropriate
Florida Rules of Appellate Procedure. a party aggrieved by a
decision of the Hearing Officer may appeal an adverse decision to
the Circuit Court In And For Miami-Dade County. The party making
the appeal shall be required to pay to the City Clerk a $500.00 fee to
defray the costs of preparing the record on appeal.
Sec. 129-68. —Suspension of permits. Performance construction bond.
50
City of Sunny Isles Beach CROW Ordinance 10-17-18
A. Subject to § 129 69 below, the City Manager or his designee may suspend any
following reasons:
(1) Failure to satisfy permit conditions, including conditions set forth in this
article or other applicable City ordinances, codes or regulations governing
placement or maintenance of communications facilities in public rights of
way, including, without limitation, failure to take reasonable safety
precautions to alert the public of work at the work site, or to restore any
public rights of way;
(2) Misrepresentation or fraud by registrant in a registration or permit
application to the City; or
(3) Inaccurate information contained in a permit application; or
(1) Failure to properly renew or ineffectiveness of registration.
(5) Failure to relocate or remove facilities as may be lawfully required by the
Gity.
13. The City Manager or his designee shall provide notice and an opportunity to cure
circumstances.
() 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 City's favor a performance construction
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 City Code and the
permit. The performance construction bond must name the City as obligee and be
conditioned upon the full and faithful compliance by the registrant with all
requirements. duties, and obligations imposed by the permit and provisions of this
Ordinance during and through completion of the placement or maintenance project.
The performance construction bond shall be in an amount as determined by the City
based on one-hundred ten percent (110%) of the estimated costs of the restoration of
the public rights-of-way. No performance construction shall be required if the
estimated costs of the restoration of the public rights-of-way is less than one
thousand dollars ($1.000) provided the registrant has a fully replenished permanent
performance bond on file with the City. For a consolidated permit, the registrant
shall provide a performance construction 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 performance
construction bond for a new or replaced utility pole or ground-mounted small
wireless facility up to twenty-eight (28) cubic feet shall be twenty-five thousand
dollars ($25,000). The construction 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; shall be subject to the approval of the City Attorney and
may be administratively accepted by the City Manager.
51
City of Sunny Isles Beach CROW Ordinance 10-17-18
(b) In the event a registrant subject to such a performance construction bond fails to
complete the work in a safe. timely and competent manner in accordance with the
provisions of the permit or City Code, there shall be recoverable, jointly and
severally from the principal and surety of the bond, any damages or loss suffered by
the City as a result, including the full amount of any compensation. 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.
The 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 City, by certified mail, return receipt requested. of a written notice
from the issuer of the bond of intent to cancel or not to renew." The 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 City inspection. In the event the
term of any performance construction bond expires, or is reasonably expected to
expire. prior to one-year after the completion of construction, restoration and City
inspection. the registrant shall immediately obtain, pay for. and file with the City a
replacement performance bond. 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 City remove the requirement to continue the
performance construction bond. Notwithstanding, the City may require a new bond
for any subsequent work performed in the public rights-of-way.
(d) The rights reserved by the City with respect to any performance construction bend
established pursuant to this division are in addition to all other rights and remedies
the City may have under this Ordinance, or at law or equity. and no action.
proceeding or exercise of a right with respect to the performance construction bond
will affect any other right the City may have.
Sec. 129-69. Appeals. Construction Methods.
Final, written decisions of the City Manager or his designee suspending or denying
City Clerk within 30 days of the date of the final, written decision to be appealed.
Any appeal not timely filed as set forth above shall be waived. The City
Commission shall hear the appeal at the next regular Commission Meeting. The
hearing shall occur within 30 days of the receipt of the appeal, unless waived by
the registrant, and a written decision shall be rendered within 20 days of-the
suspension or denial shall be lifted.
A registrant shall place and maintain its communications facility in public rights-of-
way in a manner that is at a minimum consistent with accepted industry practice and
applicable codes. All safety practices required by applicable codes or accepted
52
City of Sunny Isles Beach CROW Ordinance 10-17-18
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.
(b) In connection with excavation in the public rights-of-way,'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 utility service laterals. the proposed location of the
communications facility will be adjusted. not the utility.
( To the extent not inconsistent with applicable codes. underground cables shall have
consistent alignment parallel with the edge of pavement, a thirty-six inch (36") depth
of cover for the unpaved portion of roadways. and a thirty inch (30") to thirty-six
inch (36") depth of cover in the paved portion of roadways. and shall have a three (3)
foot horizontal clearance from other underground utilities and their appurtenances so
as to not impede the maintenance or replacement of said utilities. The lowest wire
on any poles or micro wireless facility placed in any right-of-way used by vehicle
traffic shall not be less than eighteen (18) feet from the ground and whenever
telephone and electric power wires cross each other. wires shall cross and be
maintained in accordance with the 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 in force at the time of the effective date of
this ordinance from which this article derives and as amended.
(d) 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 ground
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 the
applicable FDOT Standard specification and be listed on the FDOT Approved
Products List. A concrete pad shall be installed around all pull boxes not located in
the sidewalk. No new or replacement pull boxes shall be located in pedestrian
ramps.
In the event the registrant's work requires the obstruction of City-owned. metered
parking spaces, the registrant shall pay a reasonable fee to the City as prescribed in
any existing or subsequently enacted City ordinance, or policy adopted thereto based
on the revenues lost by the City due to registrant's obstruction of metered parking
spaces.
(f) In the event that work to be conducted by the registrant requires streets or traffic
lanes to be closed or obstructed. the registrant shall. pursuant to the requirements of
the City. obtain all permits from. and pay all fees therefor to. and obtain approval of
its maintenance-of-traffic plan from, the City's Public Works Department. In no
event shall such obstruction be greater than twenty-four(24) hours.
53
City of Sunny Isles Beach CROW Ordinance 10-17-18
(g) The City may require the use of trenchless technology (i.e.. directional bore, hand
_digging or jack and bore method) for the installation of facilities underground in the
public rights-of-way. Underground missile boring shall be prohibited unless waived
by the City. The registrant shall be solely liable for the displacement, damage or
destruction of any property. public rights-of-way. irrigation system, utility. or
landscaping as a result of the placement or maintenance of its facility within the
public rights-of-way. The City may 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 City.
(h) In an effort to minimize adverse impacts and disruption in the public rights-of-way
and to other municipal improvements, the City 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 City 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 City may provide a more definite time
frame based on specific City construction or maintenance schedules. Within the
public rights-of-way, every communications services provider shall make space
available in its trench and/or conduit to other communications services providers
consistent with the federal requirements of 47 U.S.C. §224. Every communications
services provider shall utilize existing conduits. pathways and other facilities
whenever possible. and shall not place or maintain any new. different, or additional
poles, conduits. pathways or other facilities. whether in the public rights-of-way or
on privately-owned property. until written approval is obtained from the City or
other appropriate governmental authority. and. where applicable. from the private
property owner.
Limits on excavation in restored rights-of-way. In the interest of public safety and 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 that has been restored shall
not be subject to re-excavation until at least two years following the completion of
such restoration. to the extent not inconsistent with applicable law. unless waived by
the City. 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.
Trees. A registrant shall not prune. remove or materially damage trees during
placement or maintenance of small wireless facilities, micro wireless facility, or
utility poles in the public rights-of-way unless approved by the City. Tree removal or
54
City of Sunny Isles Beach CROW Ordinance 10-17-18
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 only be damaged
or removed during placement or maintenance of communications facilities pursuant
to a permit issued by the City. The City may require that any landscaping or trees so
removed shall be replaced or mitigated in accordance with the approved restoration
plan. Any such trimming or removal shall be at registrant's sole expense. and
registrant shall remove all trimmings from City's right-of-way and shall not leave
trimmings or debris on any public or private property.
(k) Restoration of public rights-of-way. 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 City's satisfaction upon inspection.
Registrant shall warrant its restoration for a period of 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
City, the City may, after written notice to the registrant, perform such restoration
using City 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 City to the
registrant.
f The City reserves the right to place and maintain, and permit to be placed or
maintained. sewer. gas. water. electric, storm drainage, communications. and other
facilities. fiber. cables or conduit, and to do. and to permit to be done. any
underground and overhead installation or improvement that may be deemed
-necessary or proper by the City in public rights-cf-way occupied by the registrant.
The registrant shall not in any way displace. damage or destroy any sewer. water
main, pipe or any other facilities belonging to the City. or to any third party who
placed such facilities therein by express authority of the City. without the consent of
the City. and the registrant shall be liable to the City or to the third party owner. as
the case may be, for the cost of any repairs made necessary by any such
displacement. damage or destruction and shall pay such costs upon demand. A
registrant shall immediately notify the City of any damage to City utilities. City fiber
or other City facilities as a result of a registrant's construction in the public rights-of-
way. The registrant shall repair such damage at its expense within the time frame
required by the City given the nature of the damage and impact on City services. In
its discretion. the City may repair or arrange for the repair of such damage and
charge such expense to the registrant.
(m) Any communications facilities heretofore or hereafter placed upon. under. over, or
along any public rights-of-way that is found by the City to be unreasonably
interfering in any way with the convenient, safe or continuous use or the
maintenance. improvement. extension or expansion of such public rights-of-way
shall, upon thirty (30) days' written notice to the registrant or its agent, be removed
or relocated by such registrant at its own expense except as explicitly provided under
F.S. §337.403. The City may waive or extend the time within which a registrant
shall remove or relocate a communications facility for good cause shown.
55
City of Sunny Isles Beach CROW Ordinance 10-17-18
(n) Removal or relocation at the direction of the City of a registrant's communications
facility in public rights-of-way shall be governed by the provisions of F.S. §§337.403
and 337.404. as they may be amended. Subject to F.S. §337.403. whenever an order
of the City requires such removal or change in the location of any communications
facility from the public rights-of-way, 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 City may proceed to cause the communications facility to be removed.
The expense thereby incurred except as provided in F.S. §337.403O(a)—(c), shall
be paid out of any money available therefor. and such expense shall be charged
against the registrant of the communications facility and levied, collected and paid to
the City.
(o) Subject to F.S. §337.403, whenever it shall be necessary for the City 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
City Commission 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.
(p) A final order of the City 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 permanent performance bond.
(q) The City retains the right and privilege to cut or move any communications facilities
located within the public rights-of-way of the City, as the City may determine to be
necessary. appropriate or useful in response to any public health or safety
emergency. If circumstances permit. the City 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.
The City 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 City shall have access without charge to any manholes or
handholes at any time. of a communications services provider in which the City has
facilities. provided the City has given such provider reasonable prior notice so that
such provider can have trained personnel present when the City accesses such
manholes. Notwithstanding the foregoing. the City. 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 City 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
emergency or danger to the public health. safety or welfare. the City will provide
56
City of Sunny Isles Beach CROW Ordinance 10-17-18
registrant no less than three days written notice setting forth the violation and
requesting correction.
( Following the completion of construction to place a new or replace an existing
communications facility in the public rights-of-way, the registrant shall promptly
provide revised plans and "as-builts" including, but not limited to, horizontal and
vertical profiles. within thirty (30) days after 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 City's geographical database or other format
acceptable to the City. The registrant shall provide such plans at no cost to the City.
The City shall maintain the confidentiality of such plans and any other information
provided in accordance with F.S. §202.195. as it may be amended.
(t) To the extent not inconsistent with applicable law, a registrant shall allow City
facilities to be collocated within City's public rights-of-way through the use of a joint
trench during registrant's construction project. Such joint trench projects shall be
negotiated in good faith by separate agreement between registrant and City and may
be subjected to other City rights-of-way requirements. The City 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
City and within said limits as same may from time to time be altered.
(u) A registrant shall. on the request of any person holding a permit issued by the City.
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-days advance written notice to arrange for such temporary
relocation. If the City requests a temporary raising or lowering of a facility for a
public purpose. the City shall not be charged for the temporary raising or lowering of
the facility. subject to applicable law.
(v) Neither this Ordinance nor a permit issued by the City authorizes 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.
(w) 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 City no later than ninety (90) days
from such determination. or no later than thirty (30) days following such
abandonment. whichever is sooner. The City may independently establish that a
communications facility has been abandoned. In reaching such determination, the
City may request documentation and/or affidavits from the communications services
provider or registrant regarding the active use of the facility. If the provider or
57
City of Sunny Isles Beach CROW Ordinance 10-17-18
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 thirty (30) days
of receipt of notice from the City. Failure to remove an abandoned facility within
the thirty (30) days' period shall be deemed to be the registrant's or communications
provider's consent for the City to remove the facility at the registrant's or provider's
expense or for the City 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 subjection.
(x) 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. 129-70. — Conditional use of public rights of way.Development And Objective Design
Standards.
-- - _ rant 4ire . ' - • •- erte-eenstruct new
facilities for the purpose of providing other utility or nonutility services to existing or
provision of communications services or for providing any other use to existing or
potential consumers, a registrant shall seek such additional and separate
authorization from City for such activities as may be required by applicable law.
- • B. To the extent that a registrant leases or otherwise uses the facilities of a person that is
duly registered or otherwise authorized to place or maintain facilities in the public
rights of way of the City, registrant shall make no claim, nor assert any right which
will impede the lawful exercise of the City's rights, including requiring the removal
of such facilities from the public rights of way of the City, regardless of the effect on
registrant's ability to place or maintain its own communications facilities in public
rights of way of the City.
Terms and conditions for collocation on City utility poles.
(1) The City shall not enter into an exclusive arrangement with any person for
the right to attach equipment to City utility poles. The City reserves the right
to enter into agreements for collocation on City utility poles in its discretion.
A person shall not use City-owned fiber. conduit. or other City property
without an agreement approved by the City.
58
City of Sunny Isles Beach CROW Ordinance 10-17-18
(2) Reservation of space on City utility poles. The City may reserve space on
City_utility poles for future public safety uses. However, a reservation of
f
space may not preclude collocation of a small wireless facility. If
replacement of the City utility pole is necessary 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 City.
l3) The rate to collocate a small wireless facility on a City utility pole shall be
one-hundred fifty dollars ($150) per pole annually, or the highest rate
authorized by applicable law. This amount shall not be deducted from any
fees or taxes that may be due to the City. The fee shall be paid upon the
City's issuance of a permit to collocate a small wireless facility on a City
utility pole and annually thereafter.
(4) Agreements between the City and wireless providers that were in effect on
July 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 City
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 City utility pole 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 City for any make-ready work
necessary to enable the pole to support the requested collocation must include
pole replacement if necessary.
(6) For a City utility pole that does not support an aerial facility used to provide
communications services or electric service, the City shall provide a good
faith estimate for any make-ready work necessary to enable the pole to
support the requested collocation, including necessary pole replacement,
within 60 days 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 applicant. Alternatively,
the City may require the applicant seeking to collocate a small wireless
facility to provide a make-ready estimate at the applicant's expense for the
work necessary to support the small wireless facility, including pole
replacement. and perform the make-ready work. If pole replacement is
required. the scope of the make-ready estimate is limited to the design,
fabrication, and installation of a utility pole that is substantially similar in
color and composition. The City may not condition or restrict the manner in
59
City of Sunny Isles Beach CROW Ordinance 10-17-18
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 City.
(7) The City 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 preexisting 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 similar work and may not include any
consultant fee or expense.
c8) A collocation of a small wireless facility on a City utility pole shall comply
with all applicable codes, and shall not compromise the City utility pole's
finish. functionality, or structural integrity particularly with respect to
vulnerability to high velocity wind conditions.
(9) A collocation of a small wireless facility on a City utility pole shall not affect
the City's ability to remove or to replace the pole in its sole discretion.
Within thirty (30) days after receiving notification that the City intends to
remove or to replace the utility pole, the registrant shall remove its collocated
small wireless facility at its cost. If the registrant fails to do so, the City may
remove the facility and charge all costs. including collection costs to the
registrant.
(b) Location context and public safety regulations. A proposed communications
facility shall comply with the following location context requirements unless
waived by the City. In conjunction with granting such waiver. the City may require
conditions on the permit approving such facility.
(1) A registrant shall comply with all applicable provisions of state law and City
ordinances, applicable codes and regulations, quasi judicially approved
conditions for approvals. settlement agreements, applicable contracts.
applicable court orders, and applicable provisions of federal statutes. FCC
regulations and PSC regulations with respect to locations for placing or
maintaining a communications facility in the public rights-of-way. Wireless
facilities shall be considered to be structures under the Florida Building
Code. Building Risk Category IV. Structures. Chapter 16 Section 1620 —
1621. High Velocity Hurricane Zone Area.
(2) 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 the use of the public rights-of-way, or the use of bicycle
lanes or multipurpose trails. To avoid such visual obstructions, no utility
poles for collocation of small wireless facilities or ground mounted small
wireless facilities shall be located within traffic circles.
60
City of Sunny Isles Beach CROW Ordinance 10-17-18
(3) 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.
(4) Communications facilities shall be placed between the property line and the
curb line of a street and shall not be located within a clear zone. swale. and/or
rain garden.
(5) All communications facilities shall be placed and maintained so as not to
cause unreasonable interference with the rights, access and safety of property
owners who abut any of the public rights-of-way.
(6) 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
City or any other person's facilities lawfully occupying the public rights-of-
way of the City.
(7) The City may prohibit 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 and utilities in the proposed location of the public rights-of-way. or
to accommodate City plans for public improvements. capital improvements
projects or projects the City determines are in the public interest.
(8) Facilities to be installed underground. All facilities shall be subject to the
City's non-discriminatory undergroundina requirements that prohibit above-
ground utilities and structures in the public rights-of-way.
(9) The City has commenced and funded a substantial project to underground all
overhead utilities in several areas of the City. The purpose of this project is
to protect public safety from power outages and downed power lines during
hurricanes and severe storms. To protect the City's financial investment in
this project and not compromise public safety. all new communications
facilities shall be placed underground in such areas. to the extent that new
utilities other than fire hydrants are required to be located underground.
including new electric and communications utilities. In addition. to the
extent required by applicable PSC rules and regulations. applicable codes.
restrictive covenants, quasi judicially approved conditions of a development.
planned unit development, community development district. or court order. a
registrant shall install its facilities underground unless waived by the City.
Additionally, a registrant shall endeavor to place all new facilities
underground unless prevented from doing so by existing technology or by the
physical characteristics of the installation location.
61
City of Sunny Isles Beach CROW Ordinance 10-17-18
A registrant shall not place or maintain new utility poles for the
collocation of small wireless facilities or small wireless facilities in a
location in the public rights-of-way where electric and
communications utilities are required to be installed underground,
unless waived by the City.
.121 Proposed new wireline fiber or coaxial backhaul facilities shall be
installed underground consistent with applicable codes, unless waived
by the City.
c� Conversion of overhead utilities to underground. No utility poles for
the collocation of small wireless facilities. micro wireless facilities.
ground-mounted small wireless facilities, or small wireless facilities
collocated on utility poles shall be placed in a location in the public
rights-of-way where the City has determined that existing above-
ground electric and communications utilities should be removed and
relocated underground, unless waived by the City. The presence of
small wireless facilities or micro wireless facilities shall not be a basis
not to comply with the City's requirements to convert above ground
utilities to underground. To comply with the City's undergroundina
requirements. a registrant shall remove its small wireless facilities,
micro wireless facilities, and utility poles for collocation of small
wireless facilities at its expense within 60 days of being notified by
the City that such facilities must be removed. The City shall have the
right to remove such facilities at the registrant's expense if the
registrant fails to do so.
(10) 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 applicable
codes. 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 twenty (20) foot radius of an electric transmission line.
(11) No communications facilities. including but not limited to small wireless
facilities or utility poles for the collocation of small wireless facilities shall be
placed or maintained in any location that is subject to or that would interfere
with the City's drainage plan or that would interfere with the City's
stormwater management facilities. or flood plain management areas.
(12) 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
62
City of Sunny Isles Beach CROW Ordinance 10-17-18
on both sides of its width shall be considered a location subject to
covenants. restrictions, articles of incorporation, or bylaws 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 facility.
(13) 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 or within the virtual side setback line 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.
(14) A structure granted a permit and installed pursuant to this Ordinance shall
comply with Chapter 333. F.S.. and any City Code. state and federal
regulations pertaining to airport airspace protections.
(15) Historic preservation. This Ordinance does not limit the City's authority to
enforce historic preservation zoning regulations consistent with the
preservation 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. Communications facilities shall not be
permitted to be collocated on or to interfere with historic properties or
landmarks that may be within or adjacent to the public rights-of-way unless
waived by the City. The City shall not allow small wireless facilities. utility
poles for the collocation of small wireless facilities or micro wireless
facilities to be located in a manner that would impact negatively historic
properties or landmarks unless waived by the City. Historic properties and
landmarks 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 a City Register of Historic Places, pursuant to City ordinance in
effect on April 1. 2017.
Objective design standards.
(1) 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 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 design. and
63
City of Sunny Isles Beach CROW Ordinance 10-17-18
concealment of the proposed small wireless facility shall apply, unless waived
by the City.
(2) Applicants shall not place or maintain signage on communications 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 perinitted by
law.
(3) A communications facility. including a small wireless facility, shall not have
any type of lighted signal. lights. or illuminations unless required by
applicable codes. local codes or regulations. a permit issued by the City. or
state and federal laws and regulations.
(4) Design standards for Utility Poles. 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
design standards contained in this subsection unless waived by the City.
(a) A replaced or restructured utility pole to accommodate the collocation
of a small wireless facility shall be in substantially the same hole as
the original utility pole.
(b) The replaced or restructured utility pole shall be substantiallysimilar
in finish, base and pole design. diameter, material and height as the
original pole being replaced. unless the City requires a different
design, color or composition to be consistent with applicable City
standards for new utility poles.
Unless waived by the City. 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 grade. in place within 500
feet of the proposed location of the small wireless facility, other than
a utility pole for which a waiver had previously been granted. 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.
(d) Unless waived by the City. a new utility pole shall be designed to be
substantially similar in design to other utility poles in the same block
or vicinity of the public rights-of-way. Such design aspects to follow
include the material, base, pole diameter and style. location and style
of attachments. finish, and cap, as applicable. By way of example. if
existing utility poles in the same area of the public rights-of-way are
64
City of Sunny Isles Beach CROW Ordinance 10-17-18
light poles, the new utility pole should be designed substantially
similar to such light poles and to the extent consistent with location
context regulations, equidistant between existing poles. Unless
waived by the City. or prohibited by applicable law. 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 City Code. at the expense of the registrant. By
way of example. if a registrant installs a utility pole for collocation
small wireless facility to resemble a nearby light pole, the registrant is
encouraged to include a light operated in the same manner as other
light poles, at the registrant's expense.
Notwithstanding this subsection, if the proposed location of a new
utility pole for collocation of a small wireless facility is within a
public right-of-way that is within a particular zoning district, planned
unit development. community development district, community
redevelopment agency, or a homeowners' association that has design
standards applicable to utility poles, such proposed utility pole shall
substantially comply with such design standards.
If there are no existing utility poles in close proximity to a new utility
pole, the new utility pole shall be designed to resemble other utility
poles in the public rights-of-way.
(5) Stealth design for collocation of small wireless facilities.
Laj Small wireless facilities of 6 cu. feet or less shall be collocated on or
within a utility pole and may not be installed directly on the ground.
Wires, cables and equipment to be collocated on a utility pole shall be
within the utility pole or if not possible to being installed within the
utility pole. may be installed underground. or covered with a shroud.
No exposed wires or cables are permitted. Conduit shall not be
installed on the exterior side of a utility pole.
(b) 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 containing 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
facility shall not be collocated on a mast of a utility pole. In no event
shall a small wireless facility be collocated on the mast of a utility
pole that serves as a traffic signal pole. Any street light fixture
installed by the registrant shall be maintained in good working order
by the registrant at its cost.
65
City of Sunny Isles Beach CROW Ordinance 10-17-18
c.c.) Slim design shall be used wherein the top mounted antenna does
not exceed the diameter of the supporting utility pole at the level of
the antenna by more than twelve (12) inches attachment, and side
mounted enclosures, if any. do not extend more than twenty-four
(24) inches beyond the exterior dimensions of the existing structure.
repurposed structure or utility pole at the level of antenna attachment
measured from the edge of the pole to the outermost surface of the
antenna.
(d) Maximum height restrictions. A small wireless facility. including
any attached antennas, shall not exceed ten (10) feet above the
existing structure. repurposed structure or utility pole upon which the
small wireless facility is to be collocated. 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 facility.
(6) Small wireless facilities not collocated on utilitypoles or existing structures.
With respect to location. ground-mounted small wireless facilities up
to 28 cu. ft. in dimension shall be located within a ten (10) foot radius
of the existing structure or utility pole for the collocated small
wireless facility. Ground-mounted small wireless facilities that may
be no greater than 28 cu. ft. in dimension shall be located with
reasonable spacing of at least three hundred (300) feet from other-
ground-mounted small wireless facilities up to 28 cu. feet. Such
ground-mounted small wireless facilities shall be installed in a
location that is substantially similar to the location used for the
installation of other ground-mounted equipment in the public rights-
of-way. By way of example. if a around-mounted equipment cabinet
associated with a utility pole is installed in the bump out within the
public rights-of-way. a ground-mounted small wireless facility shall
be installed in a bump out and shall be concealed with substantially
similar landscaping in accordance with the City Code and maintained
by the registrant at its cost and expense for as long at the facility
remains in the public rights-of-way.
(b) Small wireless facilities may be installed below grade. or ground-
mounted small wireless facility shall be architecturally designed and
of the same materials and color finish to be substantially similar to
other at-grade infrastructure within 500 feet of the proposed location
in the public rights-of-way such as waste receptacles or utility
facilities. If the proposed ground-mounted small wireless facility is
not substantially similar to other at-grade infrastructure as set forth
herein, it is recommended that the proposed small wireless facility be
submitted to the City prior to the registrant submitting an application.
66
City of Sunny Isles Beach CROW Ordinance 10-17-18
To the extent not inconsistent with applicable codes, at the City's
direction, ground-mounted small wireless facilities shall be enclosed
in a wrap the design for which has been approved by the City. The
registrant shall maintain the wrap in good condition at its expense.
(d) To the extent not inconsistent with applicable codes, at the City'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, subject to the City's approval and be
maintained by the registrant at its sole cost and expense consistent
with the City Code for so long as the small wireless facility remains in
the public rights-of-wy.
The City Manager is authorized to create a manual showing figures of
acceptable and unacceptable designs for facilities to be placed or
maintained in the public rights-of-way.
(7) Development standards for communications facilities other than small
wireless facilities and utility poles.
Dimensional limits. No communications facility other than small
wireless facilities 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 exceeding 45 cubic feet. shall be granted a permit for
construction or installation nor shall be constructed on City public
rights-of-way unless:
(1) The communication service provider can properly 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
(2) 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 provide
adequate 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
a_pplicant's communications network: and
67
City of Sunny Isles Beach CROW Ordinance 10-17-18
(3) The communications service provider demonstrates in its
permit application that the proposed communications facilities
are located and composed in a manner to minimize adverse
impacts to abutting properties and the surrounding
T _ neighborhood and does not create a hazard by impairment of
visibility to motorists or pedestrians: and
(4) The proposed communications facility does not otherwise
create a hazard to the public health. safety and welfare
(b) Notice to residential areas. Whenever a communications service
provider subject to this subsection submits a permit application to
locate communications equipment which exceeds the dimensional
limits in this subsection within residentially-zoned districts in the
City, the applicant shall provide notice by posting for at least 14 days.
an 18" x 24" sign. satisfactory to the City. at the proposed location
advising residents that they may review the permit application at the
City and provide their comments to the City.
Sec. 129-71. - Involuntary termination of registration. Fees and Taxes for Access to Public Rights-
of-Way.
A. The City may terminate a registration if:
(1) A federal or state authority suspends, denies, or revokes a registrant's
eerti-ication or license to providea fens-sevices;
(2) The registrant's placement or maintenance of a communications facility in the
public rights of way presents an extraordinary danger to the general public or
other users of the public rights of way and the registrant fails to remedy the
danger promptly after receipt of written notice; or
(3) The registrant ceases to use all of its communications facilities in public rights
of way and has not complied with § 129 78 of this article.
B. Prior to termination, the registrant shall be notified by the City Manager with a
written notice setting forth all matters pertinent to the : ... . --- .
including which of Subsection A(1) through (3) above is applicable as the reason
therefor, and describing the proposed action of the City with respect thereto. The
registrant shall have 30 days after receipt of such notice within which to cure or
within which to present a plan to cure, satisfactory to the City Manager or designee.
If the plan is rejected, the City Manager or his designee shall provide w =. - -
•
of such rejection to the registrant. The City shall make a final decision as to
termination of the registration.
assumption or anticipated assumption by another registrant of ownership of the
68
City of Sunny Isles Beach CROW Ordinance 10-17-18
registrant's cemmunications facilities in public rights of way; or provide the City
rights of way. If a registrant fails to comply with this Subsection C, the City may
exercise any remedies or rights it has at law or in equity, including but not limited to
ownership or physical control of the facilities or requiring the registrant within 90
days of the termination, or such longer period as may be agreed to by the registrant,
to remove some or all of the facilities from the public rights of way and restore the
public rights of way to its original condition before the removal.
D. In any event, a terminated registrant shall take such steps as are necessary to render
safe every portion of the communications facilities remaining in the public rights of
way of the City.
E. In the event of termination of a registration, this section does not authorize the City
to cause the removal of communications facilities used to provide another service for
which the registrant or another person who owns or exercises physical control over
the facilities holds a valid certification of license with the governing federal or state
agency, if required for provision of such service, and is registered with the City, if
required.
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 City, including this Ordinance.
(b) Pass-through providers shall pay to the City 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 rights-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.
(c) The City 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 City pursuant to
Chapter 202, F.S.. as amended.
(d) The initial amount of pass-through provider fees shall be paid prior to issuance of a
permit 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 October 1 of each year. Fees not
paid within ten (10) days after the due date shall bear interest at the rate of one (1)
percent per month from the date due until paid. The acceptance of any payment
required hereunder by the City shall not be construed as an acknowledgement that
the amount paid is the correct amount due. nor shall such acceptance of payment be
69
City of Sunny Isles Beach CROW Ordinance 10-17-18
construed as a release of any claim which the City may have for additional sums due
and payable. All fee payments shall be subject to audit by the City, 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 City. such additional payment shall
be subject to interest at the rate of one (1) percent per month until the date payment
is made.
If the payments required by this Section are not made within ninety (90) days after
the due date. the City may withhold the issuance of permits to the registrant until the
amount past due is paid in full, in addition to any other remedies available pursuant
to this Ordinance and applicable law. including but not limited to drawing upon a
registrant's fund and/or performance bond.
(f) To the extent consistent with applicable law, the City shall not charge fees for
registrations and permits pursuant to this Ordinance.
Sec. 129-72. —Existing communications facilities in public rights of way. Enforcement Remedies.
A communications services provider with an existing communications facility in
the public rights of way of the City has 60 days from the effective date of this
article to comply with the terms of this article, including, but not limited to,
registration, or be in violation thereof
(a) Nothing in this Ordinance shall affect or limit the remedies the City has available
under applicable law. In addition to any other remedies available at law. including
but not limited to the City Code, F.S. §166.0415 (municipalities) and Ch. 162.
(municipalities and counties), or equity or provided in this subsection, or the City's
Code of Ordinances. the City may apply any one or combination of the following
remedies in the event a person violates this Ordinance. or applicable law or order
related to the public rights-of-way.
(b) In addition to the City's ability to terminate a registration pursuant to this Ordinance
or to deny. suspend or revoke permits, the failure to comply 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 City in an
amount of not less than $250.00 per day or part thereof that the violation continues
for the first violation, or an amount of not less than $500.00 per day or part thereof
for a repeat violation. 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 City in an amount of not less
than $250.00 per day or part thereof that the violation continues for the first
violation, or an amount of not less than $500.00 per day or part thereof for a repeat
violation.
In addition to or instead of any other remedy. the City may seek legal or equitable
relief from any court of competent jurisdiction.
70
City of Sunny Isles Beach CROW Ordinance 10-17-18
(d) Before imposing a fine, the City 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. the person shall have 30 days
either to:
i. Cure the violation to the City's satisfaction, and the City shall make good
faith reasonable efforts to assist in resolving the violation: or
ii. File an appeal with the City to contest the alleged violation pursuant to this
Section, which shall govern such appeal. If no appeal is filed and if the
violation isnot cured within the 30-day period, the City may collect all fines
owed, beginning with the first day of the violation. through any means
allowed by law.
In determining which remedy or remedies are appropriate, the City or hearing officer
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 City or hearing officer determines are
appropriate to the public interest.
(f) Failure of the City to enforce any requirements of this Ordinance shall not constitute
a waiver of the City's rights. Nothing herein shall waive the City's code enforcement
authority. including but not limited to. establishing liens on a violator's property.
(g) In any proceeding before the City where there exists an issue with respect to a
registrant's performance of its obligations, the registrant shall be given the
opportunity to provide such information concerning its compliance with the terms
and conditions of this Ordinance. The City 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
Section.
(h) Force majeure. In the event a registrant's performance of or compliance with any 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 registrant uses all practicable means to cure or correct any such
inability to comply expeditiously.
Sec. 129-73. —Insurance. Reserved.
A registrant shall comply with § 129 17 of Article II, Telecommunications Rights of Way,
of this chapter.
Sec. 129-74. — Indemnification. Reserved.
71
City of Sunny Isles Beach CROW Ordinance 10-17-18
A registrant shall comply with § 129 49 of Article II, Telecommunications Rights of Way,
of this chapter.
Sec. 129-75. —Construction bond. Reserved.
A registrant shall comply with §§ 129 18 and 129 50 of Article II, Telecommunications
Rights of Way, of this chapter.
Sec. 129-76. — Security Fund. Reserved.
The registrant shall be required to comply with § 129 50 of Article II,
Telecommunications Rights of Way, of this chapter.
Sec. 129-77. —Enforcement remedies; penalties for offenses. Reserved.
A. A registrant's failure to comply with provisions of this article shall constitute a
violation of this article and shall subject the registrant to the code enforcement
. . . . . . - . . . •.-d in Chapter 162, Florida Statutes (2000), or §
166.0415, Florida Statutes (2000).
B. In addition to any other remedies available at law, including but not limited to §
166.0115, Florida Statutes, and Chapter 162, Florida Statutes, or equity or as
provided in this article, the City may apply any one or combination of the following
remedies in the event a registrant violates this article, or applicable local law or order
related to the public rights of way:
occupants of the public rights of way may result in imposition of penalties te--be
paid by the registrant to the City in an amount of not less than $100, pending or
part thereof, that the violator continues.
(2) In addition to or instead of any other remedy, the City may seek legal or equitable
relief from any court of competent jurisdiction.
C. Before imposing a fine pursuant to this section, the City Manager or his designee
shall give written notice of the violation and its intenti:- $ . . - . '- ,
which notice shall contain a description of the alleged violation. Following receipt of
such notice, the registrant shall have 30 days to either cure the violation to the City's
satisfaction and the City shall make good faith reasonable efforts to assist in
resolving the violation; or file an appeal with the City to contest the alleged
violation. Section 129 69 shall govern such app al. If no app al is filed and if the
violation is not cured within the thirty day period, the City may collect all fines
owed, beginning with the first day of the violation, through any means allowed by
law.
D. In determining which remedy is appropriate, the City shall take into consideration
the nature of the violation, the person b ring the impact of the violation, the nature
72
City of Sunny Isles Beach CROW Ordinance 10-17-18
as the City determines are appropriate to the public interest.
E Failure of the City to enforce any requirements of this article shall not constitute a
- --
F. The City may find a registrant that does not demonstrate compliance with the terms
and conditions of this article in default and apply any one or combination of the
remedies otherwise authorized by this article.
G. The City Manager or his designee shall be responsible for administration and
gnforcement of this article, and is authorized to give any notice required by law.
Sec. 129-78 Abandonment of communications facility. Reserved.
A. Upon abandonment of a communications facility owned by a registrant in public
rights of way, the registrant shall notify the City within 90 days.
B. Notice; removal.
(1) The City may direct the registrant by written notice to remove all or any
City determines that the abandoned facility's presence interferes with the
public health, safety or welfare, which shall include, but shall not be
- . "lity:
(a) Compromises safety at any time for any public rights of way user
or during construction or maintenance in public rights of way;
(b) Prevents another person from locating facilities in the area of
public rights of way where the abandoned facility is located when
other alternative locations are not public rights of way reasonably
available;
(c) Creates a maintenance condition that is disruptive to the public
.
(d) Creates a burden on the aesthetics of the City.
(2) In the event of Subsection B(1)(b), the City may require the third person to
coordinate with the registrant that owns the existing facility for joint
removal and placement, where agreed to by the registrant.
•
. . ' . . - - . ,hall be deemed to consent to
73
City of Sunny Isles Beach CROW Ordinance 10-17-18
the alteration or removal of all or any portion of the facility by the City or another
person at such third party's cost.
D. If the registrant fails to remove all or any portion of an abandoned facility as
City under the circumstances, the City may perform such removal and charge the
cost of the removal against the registrant.
Sec. 129-79. Force majeure. Reserved.
A. The City Manager, in the Manager's sole discretion, may relieve a registrant of its
obligations under this article during a force majeure event.
Sec. 129-80. Reservation of rights and remedies. Reserved.
A. The City reserves the right to amend this article as it shall find necessary in the
lawful exercise of its police powers.
B. This article shall be applicable to all communications facilities placed in the
public rights of way on or after the effective date of this article and shall apply to
all existing communications facilities in the public rights of way prior to the
effective date of this article, to the full extent permitted by state and federal law.
C. The adoption of this article is not intended to affect any rights or defenses of the
ether--agreements with a communications services-pr-eviffe-r,
D. Nothing in this article shall affect the remedies the City or the registrant has
available under applicable law.
Sec. 129-81. Reports and records. Reserved.
A. Each registrant shall, upon 10 business days' written notice, if reasonably
City access to all books and record related to the construction, maintenance, or
repair of the Facility to the extent the City review of the books and records is
necessary to manage its rights of way.
B. Any and all nonproprietary or nonconfidential books and records may be copied
by the City. To the maximum extent permitted by § 202.195, Florida Statutes, as
amended, such books and records shall be kept confidential and exempt from the
provisions of § 119.07(1), Florida Statutes. A registrant is responsible for
can produce the documents upon request. Books and records must be maintained
for a period of five years, except that any record that is a public record must be
maintained for the period required by state law.
74
City of Sunny Isles Beach CROW Ordinance 10-17-18
C. For the purposes of this section, the terms "books and records" shall be read
expansively to include information in whatever format stored. Books and records
requested shall be produced to the City at City Hall, except by agreement.
D. If any books and records are too voluminous, or for security reasons cannot be
copied and moved, then a registrant may request that the inspection take place at
that the registrant must make necessary arrangements for copying documents
selected by the City after its review; and the registrant must pay all travel and
additional copying expenses incurred by the City in inspecting those documents or
having those documents inspected by its designee.
E. Without limiting the foregoing, a registrant shall provide the City the following
within 10 calendar days of their receipt or (in the case of documents created by
the registrant) filing:
(2) Copies of any request for protection under bankruptcy laws, or any
judgment related to a declaration of bankruptcy by the operator or by any
partnership or corporation that owns or controls the operator directly or
indirectly.
F. In addition, the City may, at its option, and upon rcasonablcti^ n
registrant, inspect the facilities in the public rights of way to protect the public health and
welfare.
SECTION 4. Repeal of Laws in Conflict. All local laws, resolutions, and/or ordinances in
conflict with any provision of this ordinance are hereby repealed to the extent of any conflict.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of
• the ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are declared severable.
SECTION 6. Inclusion in Code. It is the intention of the City Commission that the
provisions of this Ordinance shall become and be made a part of the City Code, which provisions
may be renumbered or re-lettered and the ordinance be changed to "section," "article," or other
appropriate word to accomplish such intention.
SECTION 7. Effective Date. All of the foregoing amendments to the City Code shall
become effective on December 1, 2018. The City shall not respond to proposed registrations or
process permit applications for facilities subject to this Ordinance prior to the effective date.
PASSED AND ADOPTED on first reading on this day of 56PrEfitka 2018.
FEL
PASSED AND ADOPTED on second reading on this 1� day of &AWL2018.
75
City of Sunny Isles Beach CROW Ordinance 10-17-18
George "I d" Scholl, Mayor
ATTES
"i0A11110 .
.1114.A.:
Mauricio C etancur, qMC, City Clerk
APPROVED AS TO FORM
AND A ,FFICIENCY
.D I
•
H. •iot, CO Attorney
Moved by: C0.1W1.1SA1.61. L1OaJ
Seconded by: CVV\W\tctO( t SVECA-A
Vote:
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman 7(Yes) (No)
Commissioner Aelion J,(Yes) (No)
Commissioner Gatto ✓ (Yes) (No)
Commissioner Svechin ,�(Yes) (No)
76
City of Sunny Isles Beach CROW Ordinance 10-17-18
is--:"4,...\ City Commission
_00NY City of Sunny Isles Beach� George`Bud"Scholl,
Mayor
/° F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
� - Isaac Aelion.Commissioner
( n Sunny Isles Beach, Florida 33160
u _ . �y_*, _ Jeanette Gatto,Commissioner
** .= (305) 947-0606 City Hall Larisa Svechin,Commissioner
} _� (305)949-3 113 Fax
" _-. P* Christopher J.Russo,Cite'Manager
ye 99); o�‘o SSP (305)947-2150 Budding Department
cir 40 (305)947-5107 Fax Hans Ottinot,City Attorney
' OF suck " Mauricto Betancur,CMC,City Clerk
•
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney II
t
''II
DATE: September 20, 2018
RE: Proposed Communications Ordinance to Regulate Communications Facilities in the
Public Rights-of-Way.
RECOMMENDATION:
This Ordinance is presented for your consideration and approval.
REASONS:
In 2017, the Florida Legislature enacted the Advanced Wireless Infrastructure Deployment Act (the
"Act"), codified in Subsection 337.401(7), Florida Statutes. The Act sets forth a process for
wireless providers and infrastructure providers to gain access to public rights-of-way for wireless
facilities. As a result of the Act, the City Commission adopted a moratorium to prevent the
placement of wireless facilities within the City's public rights-of-way until the City is able to adopt
regulations consistent with the Act. The moratorium has expired and numerous wireless facilities
companies intend to submit applications to place wireless facilities within the City's rights-of-way.
To protect the City's substantial financial investment to underground all utility wires throughout the
City, the proposed Ordinance creates the Communications Rights-of-Way Ordinance, which
implements the Act, and creates requirements for all communications facilities in the public rights-
of-way to be underground if such underground facilities are available.
In summary, the proposed Ordinance amends two Articles in the existing Chapter 129 of the City
Code. Specifically, Chapter 129, Art. III (Communications Rights of Way Ordinance) is revised
and Chapter 129, Article II, Sections 129-20 — 129-61(Telecommunications Ordinance) is repealed
in its entirety. Moreover, the proposed Ordinance provides requirements for all communications
facilities -- fiber, cable, wireless, poles and equipment cabinets -- for access to the City rights-of-
way.
•
Page 1 of 2
The Ordinance includes the following:
• Applicable Definitions: Consistent with Florida and federal law. "Utility Pole" for
collocation includes light poles, traffic poles, as well as electric utility poles.
• Registration Requirements: All owners of facilities must be registered, which requires
contact information including for emergencies, authority to provide services, proof of
insurance naming City as an additional insured, and a permanent performance bond in the
form of cash or letter of credit, in the amount of$25,000 to ensure compliance. Registrants
must indemnify the City for damage or claims.
• Undergrounding: Requires new fiber to be installed underground. To support the City's
undergrounding project, above-ground facilities will not be allowed in areas where the City
has determined to underground communications utilities.
• Permit Requirements: An effective registration is required to obtain permits and with limited
exceptions, all construction requires a City permit.
• Permit Application Requirements and Procedures: Includes detailed application contents
and a pre-application meeting, because of short timeframes to process and ability to apply
for 30 locations in one application. Staff must review applications for completeness within
14 days, and grant or deny applications within 60 days, or applications are deemed granted.
City can negotiate locations and design standards, which extends the timeframe 30 days.
The City may deny an application if the proposed facility interferes with traffic devices,
transportation, pedestrians, or ADA compliance, does not comply with FDOT's utility
standards, does not comply with City standards, or does not comply with applicable codes,
including this Ordinance.
• Construction Requirements and Construction Bond: Includes limits on excavation, removing
trees or landscaping, restoration of rights-of-way, and removal of abandoned facilities.
• Collocation on City-Owned Poles. Fee is $150/year/pole.
• Objective Design Standards: City can waive these restrictions.
• Facilities may not be located where they would interfere with abutting property owners,
utilities, drainage or where all utilities are underground.
• Utility poles cannot be taller than other utility poles in rights-of-way within 500 feet, or
if none, than 50 feet, and must be designed to match existing utility poles.
• Collocated small wireless facilities (6 cu. ft. or less) must blend into the poles and have
no exposed cables or wires.
• Ground-mounted small wireless facilities (28 cu. ft. or less) must be stealth—enclosed in
a wrap or concealed with landscaping.
Page 2 of 2