HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-009Temp. Ordinance # 2278
June 20, 2013
Page 1 of 13
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. . 13 -0 0'?
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AMENDING ARTICLE IX,
CHAPTER 24 ENTITLED "TELECOMMUNICATIONS
TOWERS AND ANTENNAS" OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC, FLORIDA,
AS AMENDED, AND TO REGULATE PERSONAL
WIRELESS SERVICE FACILITIES IN THE PUBLIC
RIGHTS -OF -WAY; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, to promote the public health, safety, aesthetics, and general welfare,
the City of Tamarac has a substantial and significant public interest in maintaining and
protecting its public -rights of way in a non-discriminatory manner, and requiring that
individuals and entities seeking permits to conduct any type of excavation, construction
or other activity therein do so in a safe, expeditious, and professional manner; and
WHEREAS, the Emergency Communications Number. E911 Act, Chapter 365,
Florida Statutes, (the "Act") addresses, inter alia, local governments' regulation of the
placement, construction or modification of wireless communications facilities; and
WHEREAS, Section 337.401 et seq, Florida Statutes, addresses, inter alia, the
authority of municipalities to regulate the placement and maintenance of
communications facilities in the public rights -of -way; and
WHEREAS, said statutes authorize regulations of telecommunications facilities in
the public rights -of -way that are related to the placement or maintenance of facilities in
the public rights -of -way, are reasonable and non-discriminatory, and are necessary to
the management of the public rights -of -way; and
WHEREAS, courts applying Florida and federal law have held that a municipality
may impose reasonable design limitations on telecommunications . facilities that deal
directly with a concern for aesthetics and may regulate the placement of wireless
facilities where such regulation does not prohibit or effectively prohibit the provision of
wireless services; and
WHEREAS, the City Code provisions regulating telecommunications towers and
antennas need to be updated to expressly address current practices utilizing personal
wireless service facilities in the public rights -of -way and to protect the public interest by
Temp. Ordinance # 2278
June 20, 2013
Page 2 of 13
protecting, preserving and maintaining the health, safety and welfare of the users of the
public rights -of -way, while also protecting, preserving and maintaining the aesthetic
character of areas where such rights -of -way exist, and this ordinance achieves such
purpose; and
WHEREAS, the City Clerk has provided at least ten days advance notice prior to
first reading of this Ordinance to the Secretary of State.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, THAT:
SECTION 1. The recitals and findings contained in the Preamble to this
Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
SECTION 2. Sec. 24-700. — Intent and purpose, is hereby amended as follows:
The regulations and requirements of this article are intended to:
(1) Promote the health, safety and general welfare of the citizens by regulating
the siting of telecommunications towers and other personal wireless service
facilities;
(2) Provide for the appropriate location and development of telecommunications
towers, antennas and other personal wireless service facilities
within the city;
(3) Minimize adverse visual effects of telecommunications towers, antennas and
other personal wireless service facilities through careful design,
siting, landscape screening and innovative camouflaging techniques;
(4) Avoid potential damage to adjacent properties from tower or facility failure
through engineering and careful siting of tower structures and other structures
used for the provision of personal wireless services;
(5) Protect residential areas and land uses from potential adverse impacts of
telecommunications towers, antennas and other personal wireless service
facilities by maximizing use of any new or existing
telecommunications towers through shared use, i.e., co -location, to reduce
the number of towers or other structures used in connection with personal
wireless service facilities that are needed.
Temp. Ordinance # 2278
June 20, 2013
Page 3 of 12
SECTION
3. Sec.
24-701, Definitions, is hereby amended
as follows':
Personal
wireless
services means commercial mobile
services, unlicensed
wireless services, and common carrier wireless exchange access services, and shall
include "wireless service" as defined in Section 365.172, Florida Statutes, as well as
"personal wireless services" defined in 47 USC 4.332(c)(7)(C)(i), as they
amended.
Personal wireless service facilities means facilities for the provision of personal
wireless services, and, for the purposes of section 24-707, shall include all of those
"wireless communications facilities" as defined in Section 365.172, Florida Statutes, as
it may be amended, that are not also telecommunications towers as defined in this
section. For the purposes of section 24-7072 a power, light or other utility pole used
exclusively as such prior to attachment of a personal wireless service facility shall not
be considered a personal wireless service facility because of such attachment.
Public rights -of -way has the same meaning as provided in Section 5.6-3 of the
City Code.
Stealth facility means any telecommunications facility which is designed to blend
into the surrounding environment. Examples of stealth facilities include architecturally
screened roof -mounted antennas, antennas integrated into architectural elements,
poles in the rights -of -way that are designed to look like light poles, and
telecommunications towers designed to look like light poles, power poles or trees.
SECTION 4. There is hereby created a new Section 24-707 to provide as
follows:
Section 24-707. Personal wireless service facilities in the public rights-of-
w
a) Minimum standards. Personal wireless service facilities in the public rights -
of -way must meet the following minimum standards:
(1) Required approvals. No application for placement of personal wireless
service facilities in the public rights -of -way shall be permitted without
approval of the building department, the public services department and
the department of community development.
(2) Site plan review in lieu of underground placement. Because an
antenna must be placed above -ground in order to transmit and receive
signals, except in the case of co -location, an applicant proposing
placement of an antenna in the public rights -of -way within districts where
'Language underlined in sections 2 and 3 is to be added. Language in said sections with a
strikethrough is to be deleted.
Temp. Ordinance # 2278
June 20, 2013
Page 4 of 12
communications facilities are otherwise required to be placed underground
shall submit a site plan for a minor development as required by section 107
47 of the Land Development Code. The director of community
development
may waive all or some of
the requirements of
section 10-47
of the
Land Development Code if the
applicant proposes
the use of a
stealth
facility. No building permit
shall
be issued
by
the
building
department and no engineerinq permit shall be issued by the public
services department prior to the approval of a site plan where required
pursuant to this paragraph.
(3) Completeness review; time limitation. The city shall grant or deny a
properly completed application for, personal wireless service facilities in
the public rights -of -way within 90 business days or, as required by federal
and state law, after the date the application is determined to be properly
completed. An application is deemed submitted or resubmitted on the date
the application is received by the planning division. The planning division
shall notify the applicant within twenty (20) business days after the date
the application is initially submitted or additional information resubmitted,
whether the application is properly completed in compliance with the city's
requirements. If the application is not completed in compliance with the
city's requirements, the planning division shall so notify the applicant in
writing indicating with specificity any deficiencies which, if cured, make the
application properly completed. Upon resubmission of information to cure
the stated deficiencies, the planning division shall notify the applicant, in
writing, no later than 20 business days after the additional information is
submitted, of any remaining deficiencies that must be cured. If a specified
deficiency is not properly cured when the applicant resubmits its
application to comply with the notice of deficiencies, the planning division
may continue to request, the information until such time as the specified
deficiency is cured, or may establish a reasonable time frame within which
the required information to cure the application deficiency is to be
provided. If the curative information is not provided within such time frame,
the application will be considered withdrawn or closed.
(4) Co -location or use of stealth facilities. An antenna in the public rights -
of -way, shall to the extent possible, be collocated on an existing power,
light or other utility_pole. When co -location of an antenna is not possible, a
free standing stealth facility shall be utilized; however, a non -stealth type
facilily may be utilized if approved as a special exception.
(5) Statement. A statement or statements shall be submitted certifying that
the construction of personal wireless service facilities proposed to be
located in the public riqhts-of-wav will comply with applicable standards as
Temp. Ordinance # 2278
June 20, 2013
Page 5 of 12
set forth in the Florida Building .Code, latest edition, the State of Florida
Department of Transportation, Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways, and
electrical codes; and describing the proposed personal wireless service
facilities' capacity to permit multiple users, including an example of the
number and type of antennas or other attachments that can be
accommodated on support structures. No personal wireless service facility
which exceeds its support structure's loading capacity, which causes any
pole or structure to exceed its loading capacity or which does not conform
to applicable electrical codes shall be permitted in the public rights -of -way.
(6) Dimensional limits for cabinets, boxes and vaults. No permit or order
shall be granted authorizing the placement, construction or modification in
the public rights -of -way of a personal wireless service facility cabinet, box
or vault having a total volume exceedinq twenty-four cubic feet (24 ft3)1
unless the applicant provides a statement explaining the need for the
greater proposed dimensions and certifying that current technology
provides no alternative consistent with the dimensional requirements of
this subsection.
(b) Height, setbacks and related location requirements.
(1) The height of a new pole in the public rights -of -way to which an
antenna is attached shall not exceed the height of existing poles or
structures in the public rights -of -way within one -hundred feet of such
proposed new pole, or if no such existing poles are present in the ipublic
rights -of -way within one -hundred feet of such proposed new pole, the new
pole shall not exceed a height of fifty=) feet. Height shall be measured
from the crown of the road of the nearest public street.
(2) Except as otherwise provided herein, personal wireless service
facilities in the public riqhts-of-way shall conform to the standards and
requirements set forth in the State of Florida Department of Transportation
Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highway
(3) No antenna attached to a free-standing pole in the public rights -of -way,
other than as a co -location with an existing power, light or other utility
pole, or unless installed as a stealth facility, shall be permitted within fifty_
(50) feet of any principal residential structure.
(4) A box or cabinet housing the equipment connected to an antenna
attached to a free-standing pole in the public rights -of -way shall be placed
on the ground instead of attached to the pole supporting the antenna, and
shall be screened from view.
Temp. Ordinance # 2278
June 20, 2013
Page 6 of 12
(c) Antennas
(1) Each application, other than for co -location, shall contain a rendering
or photograph of the proposed antenna which depicts its aesthetic
features including, but not limited to, the use of colors and screening
devices. The application shall be subject to administrative approval
determining consistency with the definition of a stealth facility as defined in
Sec. 24-701 of the Zonina Code. The director of community development
may require, to the extent possible, that aesthetic features including but
not limited to, the use of colors and screening devices, be used so that
antennas blend into the surroundina environment.
(2) No signals, lights, or illumination shall be permitted on an antenna or,
except in the case of a light pole or a stealth facility designed to emulate a
light pole, on a pole to which such antenna is attached, unless required by
applicable state or federal laws or rules.
(3) Antennas shall be mounted at a height and location . that will not
interfere with use of the public rig hts-of-waY.
(4) No exterior antenna in the public rights -of -way shall exceed the height
of the pole to which it is attached unless it is attached as a co -location to
an existing power, light or other utility pole or on a pole designed to
emulate a light p—
(5) No antenna shall be mounted more than four inches (4") from the pole
to which it is attached unless it is attached as a co -location to an existin
power, light or other utility pole.
(6) Exterior looping of excess cable length installed on any personal
wireless service facility located in the public right-of-way is prohibited.
(7) Antenna dimensions. Antenna dimensions shall be approved by the
director of community development as required by existing technology.
The director of communitv development may reauire a statement certifvina
the need for the required dimensions.
(8) Distance between antenna locations/number of antenna locations
within a specified area. To minimize the adverse visual impacts associated
with the proliferation and clusterina of antennas and associated above -
round
personal wireless service facilities, no antenna site in
the
public
rights -of -way shall be
located within four hundred
feet (400') of
any
other
such antenna site or
telecommunications tower.
Further, no more
than
thirteen (13) antenna
sites may be located within
an area of one square
mile (1 mi2). This
paragraph (c)(8) shall not
apply to any
antenna
collocated on an existina power,
light or other utilitv
pole within
the
public
rights -of -way.
Temp. Ordinance # 2278
June 20, 2013
Page 7 of 12
(dj Co -locations. For the purposes of this section, "co -location" means_ the
mounting or installation of an antenna on an existing power, light or other utility
pole for the purpose of transmitting and/or receiving radio frequencv sia- nals for
communications purposes. In any co -location, the existing power, light or other
utility pole may be modified or replaced to accommodate the new attachment,
provided however that the modified or replacement pole complies with the height,
setback and
related location requirements
of sections 24-707(b)(1),
(2),
and
(4),
unless
such
_requirements are
waived
pursuant to section
24-707(I).
For
the
purposes of section 24-707, an existing power, light or other utility pole modified
or replaced to accommodate a new attachment shall continue to be considered
an existing pole after replacement or modification.
(e) Approval required from
other
governmental agencies
and
owners.
Each
application
for the
location
of
a personal
wireless
service
facility
in the
public
rights -of -way ma
be required to include written approval, or a statement of n
objection, from state agencies that regulate siting, design, and construction of
such facilities, or have jurisdiction over the public rights -of -way, if any such
agencies require the applicant to seek their review or approval. An existing
facility in the public rights -of -way shall only be utilized in a manner consistent
with the City Code and with the written permission of the facility owner.
(f) FCC emissions standards. All personal wireless service facilities in the public
rights -of -way shall comply with current radio frequency emissions standards of
the Federal Communications Commission.
Lg) Buffering.
(1) Except in the case of an application for a co -location, as a condition of
approval the director of community development may require the use of a
fence as a buffer that is consistent in design and function with existing
fencing used in the public rights -of -way.
2 Except in the case of an application for a co -location, as a condition of
approval the director of community development may reguire the use of
landscaping as a buffer, which landscaping is consistent with the
landscaping otherwise located in the public rights -of -way. Additional
landscaping may be required if deemed necessary to buffer adjacent
properties. The director of community development may reguire
landscaping in excess of the requirements of the City Code to enhance
compatibility with adjacent residential and nonresidential land uses.
Temp. Ordinance # 2278
3) All buffering
June 20, 2013
Page 8 of 12
required in connection with the use of personal wireless
service facilities in the public rights -of -way shall be maintained by the
owner of such facilities at its own cost.
(h) Equipment. The location
in the
public rights
-of -way of any equipment
or
eauipment cabinets
associated
with
personal
wireless
service facilities
shall
be
subiect to the approval of the city engineer. Any such cabinets or equipment
must be approved by the cily engineer as to safety, and shall not interfere with
the use of the public rights -of -way. The city engineer may require a statement
certifying the need for the proposed equipment and location. No generators
utilized in connection with personal wireless services facilities may be in
the public rights -of -way, except temporarily in the case of emergency and if
approved in advance by the city engineer.
()i Removal of personal wireless service facilities in the public rights -of -way and
restoration of the public rights-of-wa■�
(1) Upon abandonment of an antenna or other personal wireless facility
within the public rights -of -way of the city, the owner of the antenna or
personal wireless facility shall notifv the citv within ninety (90) days.
Following receipt of such notice, the city may direct the facility owner to
remove all or any portion of the antenna or the personal wireless facility if
the city determines that such removal will be in the best interest of the
public health, safety and welfare. In the event that the city does not direct
the removal of the abandoned antenna or personal wireless facility by the
owner of the antenna or personal wireless facilitv and the owner chooses
not to remove its antenna or personal wireless facilities, then such owner,
by its notice of abandonment to the city, shall be deemed to consent to the
alteration or removal of all or any portion of the antenna or personal
wireless facility by another entity or person.
.. ■ . . . / A A \ . . ■ . .
oiiiiijq
• • o • • r r • • • • • • -
-A l� LwA ■ l! 1 • ■ ■ ■,_1 \� �l�s�1�7 I \���� l! '\WJ M M l7 l ■ t 7 ■ ►�� �L� 1 l ►;■ F ■ 1 ii��t 1 • ■
• vr m
. ■ . I A w w % .. ■ A ■ . ■ ■ ♦ ■ a . ■ . .
I�l�l�Il\�i■\ !■li10�WA�AAL '��1�MIML� �1711/1�J��\�1��11■►���1!���li�J��l��■►�Ll���l�■\��WA- IL ��t1
i
Fr. a III, ON • &T^3r-
i
(2) Upon
the removal of
any personal wireless service facilities
from the
public
riahts-of-way.
such
public
riahts-of-wav
shall
be completely
restored
to the satisfaction of the city engineer at the cost of the owner or operator
Temp. Ordinance # 2278
June 20, 2013
Page 9 of 12
of the personal wireless service facilities in the public rights -of -way. The
city engineer may require a bond or other fund sufficient to secure the
restoration of the public rights -of -way.
9 Si_gns and advertising. The use of an
Dortion of a personal wireless service
facility in the public rights -of -way for the posting of signs or for advertising
purposes, including but not limited to the display of company name, banners and
streamers is strictly prohibited, unless required by state or federal law.
Lk) Inspections.
(1) Owners or operators of personal wireless service facilities in the public
rights -of -way shall ensure that the city's building department has current
contact information for such owner or its authorized representative.
(2) The owner or operator of a personal wireless service facility in the
public rights -of -way shall submit a report to the city's building department,
certifying the integrily of structures and the safety of electrical components
at least once every two (2) years.
(3) Inspections evaluating the structural integrity and electrical safety of
the facilities shall be conducted by an engineer licensed to practice in the
state. The results of such inspections shall be provided to the building
department along with certification that the engineer or engineers
conducting such inspections are competent in the engineering discipline or
disciplines necessary to evaluate the structural and electrical integrity of
the facilities, or that the evaluation has been made by a competent
engineer or engineers under his or her direction or supervision. Any
personal wireless service facilities in the public rights -of -way found in such
inspection or otherwise determined to be lacking structural integrity or
electrical safety shall be repaired or removed as required by the building
department.
4) The building department may con
riodic inspection
rsonal
wireless service facilities in the public rights -of -way to ensure structural
integrity and electrical safety. The owner or operator of personal wireless
service facilities in the public rights -of -way may be required to have more
frequent inspections of a particular facility should there be reason to
believe that the structural integrity and electrical safety of said facility
been jeopardized.
Ll Actual or effective prohibition; cooperative determination. In the event an
applicant demonstrates to the
ion of th
r
mmun
development that operation of this section results in an actual or effective
Temp. Ordinance # 2278
June 20, 2013
Page 10 of 12
prohibition of personal wireless services or the provision of communications
services, the applicant and the director of community development shall
cooperate to determine an appropriate location and aesthetic design__ for the
proposed facility. In any such cooperative determination there shall be a
preference for co -location with existing personal wireless service facilities or
other utility facilities, or for use of unused capacity on existing personal wireless
service facilities. Where facilities cannot be co -located and no such unused
capacity exists, there shall be a preference for the use of free standing stealth-
tvpe structures which are consistent, to the extent possible, with the purposes of
the Land Development Code as that code is defined in Sec. 10.327. The director
of community development may require a statement certifying that the proposed
location is needed by a personal wireless services provider to close a significant
qap in its service to the affected area. The applicant shall reimburse the
reasonable costs incurred by the city for this cooperative determination.
(m) Modifications or replacements. Modification or replacement of any personal
wireless service facilities or equipment in the public rights -of -way, except co -
location of new transmission equipment, removal of transmission equipment or
replacement of transmission equipment, shall be subject to approval of the city's
building department. If such modification or replacement of facilities or
equipment other than transmission equipment would, as reasonably determined
b the ci result in the facili orequipment bein readily discernibly different in
v� v v
size, type, and appearance when viewed from ground level from surrounding
properties, such modification shall require approval as a special exception. Any
co -location of new transmission equipment, removal of transmission equipment
orplacement of transmission equipment that substantially changes the physical
dimensions of an antenna node site shall be subject to approval of the city's
building department. Notwithstanding anything to the contrary in this section 24-
707(m), for an eligible facilities request under Section 6409 of the Middle Class
Tax Relief
and
Job Creation Act
of 2012,
the application
shall be subject
only to
the
building
department's
review
and
approval
process.
Ln) Statements and certifications. Any statement or certification submitted by or
on behalf of an applicant pursuant to the provisions of this section shall be
prepared applying rational analysis by one or more engineers registered and
licensed in the state, or by such other person or persons designated bye
applicant who are qualified to perform the required analysis. Any person or
persons providing such a statement or statements shall also certify as to his or
her competence in the discipline or disciplines necessary_to perform the analysis
and to provide the statement.
Temp. Ordinance # 2278
June 20, 2013
Page 11 of 12
(o) Reservation of Rights.
(1) The city does not waive anv rights under applicable law with respect to
management of its public rights -of -way. The city shall require that owners
and users of personal wireless service facilities in the public rights-of-wav_
pay the maximum compensation to the city that is allowed by law. The city
reserves the right to enforce all applicable city code provisions with
respect to personal wireless service facilities in the public rights -of -way_
(2) The citv does not warrant or make anv representations that the public
rights-of-wav are available, suitable or appropriate for the construction,
placement, maintenance or use of personal wireless service facilities.
(3) The citv's approval of an application for the construction, placement, or
modification of a personal wireless service facilities in the public rights -of -
way shall not create any rights in such facilities' ability to be maintained or
utilized in the public riqhts-of-way for any particular period of time or anv_
rights that are inconsistent with the ci code.
(4) The city reserves the right to abandon anv public riqhts-of-way,
notwithstanding the presence of any personal wireless service facilities in
the public rights-of-wav that have been approved by the city and the city_
shall have no liability or responsibility to the owner, operator, or users of
such personal wireless service facilities in the public rights-of-wav_.
(5) The city reserves the riqht to require the relocation or removal of anv
personal wireless service facilities in the public rights -of -way consistent
with its authority under applicable law. The city shall have no liability or
responsibilitv to the owner, operator or users of the personal wireless
service facilities in the public rights -of -wad
(6) The city shall have no responsibility or liability for damage to or
interference with the use or maintenance of personal wireless service
facilities in the public rights-of-wav by any third party.
i i • • ! . T r-T
. 24-708 24-799. - Reserved
SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of such conflict.
SECTION 6. Savings. All fees and other dollar amounts owed to the City under
any contract, Agreement, or other provisions of the City Code as of the effective date of
this Ordinance, whether known or unknown, shall not be affected by the adoption of this
Ordinance and the City expressly reserves its rights with respect to such amounts.
Temp. Ordinance # 2278
June 20, 2013
Page 12 of 12
SECTION 7. Severability. It is declared to be the intent of the City Commission
of the City of Tamarac, Florida, that if any section, subsection, sentence, clause, or
provision of this Ordinance shall be declared invalid, the remainder of the this
Ordinance shall be construed as not having contained said section, subsection,
sentence, clause, or provisions and shall not be affected by such holding.
SECTION 8. Inclusion in Code. It is the intent of the City Commission of the
City of Tamarac that the provisions of this Ordinance shall become and be made a part
of the City Code of Ordinances, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section,"
"article," "regulation," or such other appropriate word or phrase in order to accomplish
such intentions.
SECTION 9. Effective Date. This Ordinance shall become effective immediately
upon the date of its adoption by the City Commission.
PASSED, FIRST READING this ` � day of , 2013.
PASSED, SECOND READING this � day of
ATTEST:
PAT TUEFEL, 9MC,
INTERIM CITYCLERK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form:
Fi,/VAMUJ�L
/G-OREN
CITY A
)2013.
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: V/M DRESSLER