HomeMy WebLinkAbout1379-19 Right-of-Way Cell Towers INSTR14 2019083508 BK 9890 PG 1384
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Rcpt: 2046427 Rec: 333.00
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Paula S. O 'Neil , Ph.D.
ORDINANCE NO.: 1379-19 Pasco County Clerk & Comptroller
AN ORDINANCE BY THE CITY COUNC4, OF THE CITY OF
ZEPHYRHILLS, FLORIDA, RELATING TO (COMMUNICATIONS
FACILITIES IN PUBLIC RIGHTS-OF-WAY; AMENDING THE
CITY OF ZEPHYRHILLS, FLORIDA LA41I) DEVELOPMENT
CODE; CREATING A NEW PART 7.12.00 IN THE CITY'S LAND
DEVELOPMENT CODE TO BE ENTITLED"COMMUNICATIONS
FACILITIES IN PUBLIC RIGHTS-OF-WAY"; PROVIDING
111 FINDINGS; PROVIDING FOR REPEALER, INCLUSION IN THE
CODE, SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature adopted and the governor signed into law, effective
July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the "Act"), codified at Fla.
Stat. §337.401,which places certain limitations on local govel�l-nlnent authority to regulate wireless
Communications Facilities within the Public Rights-of-Way; and
WHEREAS,passage of the Act necessitates that the City amend the City Code in order to
implement the Act, ensure that the City's regulations governing wireless Communications -
Facilities in the Public Rights-of-Way are consistent therewith, and to adopt new regulations as
are consistent with the Act; and
WHEREAS, Section 337.401(7), Florida Statutes, provides that a local government may
adopt by ordinance objective design standards that require a small wireless communications
facility to meet reasonable location context, color, stealth, and concealment requirements and
objective design standards that require a new utility pole that replaces an existing facility to be of
substantially similar design, material, and color, and require reasonable spacing requirements
concerning the location of ground-mounted equipment; and
WHEREAS, the Act substantially preserves local government authority to regulate the
installation of new Utility Poles in the Public Rights)-of-Way, providing at Fla. Stat.
§337.401(7)(d)(6) that, "Except as provided in subparagraphs 4 and 5, the installation of a Utility
Pole in the Public Rights-of-Way designed to support a small wireless facility shall be subject to
authority rules or regulations governing the placement of Utility Poles in the Public Rights-of-
Way and shall be subject to the Application review timeframes in this subsection"; and
WHEREAS, the City finds that this Ordinance will advance the public health, safety and
welfare, and help to preserve the esthetic qualities of the City,l all within the bounds of the Act and
other state and federal laws governing Communications Facilities.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
Section 1. Recitals.
The Whereas Clauses above are true and accurate and are incorporated by reference
and made a part of this Ordinance. .
Section 2. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the
home rule powers of the City.
Section 3. Amendment to the Land Development Code.
The City of Zephyrhills Land Development Bode is hereby amended by adding a
new Part 7.12.00 thereto, pertaining to Communication Fa6ilities in Public Rights-of-Way, as
follows:
PART 7.12.00.- COMMUNICATIONS FACILITIES IN UBLIC RIGHTS-OF-WAY
Record and Return to: •9, ) Page 1 of 31
City Clerk's Office
5335 8th Street `'
Zephyrhills, FL 33542
7.12.01.- Short Title.
This Part shall be known, and may be cited, as the "City of Zephyrhills Communications
Right-of-Way Utilization Ordinance."
7.12.02. - Findings,Intent and Scope.
7.12.02.01 The City Council hereby makes and declares the following findings:
(1) The Public Rights-of-Way within the City of Zephyrhills are a unique and physically
limited resource and important amenity that are critical to the travel and transport of
persons and property in the City;
(2) The demand for telecommunications services has grown exponentially in recent years,
requiring the continual upgrading of telecommunications equipment and services to
satisfy such demand;
(3) The placement of telecommunications equipment and facilities in the Public Rights-of-
Way to satisfy the demand for telecommunications services raises important issues with
respect to the City's responsibility to manage its Public Rights-of-Way;
(4) The Public Rights-of-Way shall be managed and controlled in a manner that enhances
the health, safety and general welfare of the City and its citizens;
(5) The use and occupancy of the Public Rights-of-Way by providers of communications
services shall be subject to regulation which can ensure minimal inconvenience to the
public, coordinate users, maximize available space, reduce maintenance and costs to
the public, and facilitate entry of an optimal number of providers of cable,
telecommunications, and other services in the public interest;
(6) Section 166.041,Florida Statutes,provides for procedures for adoption of an ordinance
which is a regulation of general and permanent nature and enforceable as local law;
(7) Section 337.401, Florida Statutes, provides that because federal and state law require
the nondiscriminatory treatment of providers of telecommunications services and
because of the desire to promote competition among providers of communications
services, it is the intent of the Florida Legislature that municipalities and counties treat
providers of communications services in a nondiscriminatory and competitively neutral
manner when imposing rules or regulations governing the placement or maintenance
of Communications Facilities in the public roads or Public Rights-of-Way; and
(8) To promote the public health, safety and general welfare, it is necessary to (i) provide
for the placement or maintenance of Communications Facilities in the Public Rights-
of-Way within the City limits, (ii) adopt and administer reasonable rules, regulations
and general conditions not inconsistent with applicable state and federal law, (iii)
manage the placement and maintenance of Communications Facilities in the Public
Rights-of-Way by all Communications Services Providers, (iv)minimize disruption to
the Public Rights-of-Way, and (v) require the restoration of the Public Rights-of-Way
to original condition.
7.12.02.02 The City Council hereby makes and declares the following as its legislative
intent in adopting this Ordinance:
(1) These rules and regulations shall be generally applicable to all providers of
communications services and, notwithstanding any other law, may not require a
provider of communications services to apply for or enter into an individual license,
franchise, or other agreement with the City as a condition of placing or maintaining
Communications Facilities in its Public Rights-of-Way; and
(2) It is the City's intent to exercise the City's retained authority to regulate and manage
the City's Public Rights-of-Way in exercising its police power over Communications
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Services Providers' placement and maintenance o facilities in the Public Rights-of-
Way in a nondiscriminatory and competitively neutral manner.
7.12.02.03 This Part shall apply to any public or p 'vate entity who seeks to construct,
place, install, maintain or operate a Communications Sys em or Facilities, as such terms are
defined herein, in the Public Rights-of-Way, unless otherwise exempt by operation of
applicable state or federal law. This Part shall equally apply to a City owned or controlled
Communications System except to the extent such Facilities are utilized on an internal, non-
commercial basis by the City or any of its agencies, departments or bureaus.
7.12.03. -Defmitions.
For purposes of this?Part, the following terms, phras , words and their derivations shall
have the meanings ascribed herein. Where not inconsistent ith the context, words used in the
present tense include the future tense, words in the plural in lude the singular, and words in the
singular include the plural. The words "shall" and "will" are mandatory, and "may" is permissive.
Words not otherwise defined herein shall have the meaning ascribed thereto under Chapters 202
or 337, Florida Statutes, as amended, or where none is ascribed shall be construed to mean the
common and ordinary meaning.
(1) Abandonment means the permanent cessation of all ses of a Communications 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 b�used. By way of example, and not
limitation, cessation of all use of a cable within a coni uit, where the conduit continues to
be used, shall not be "Abandonment" of a Facility in t e Public Rights-of-Way.
(2) Affiliate means each person, directly or indirectly, controlling, controlled by, or under
common control with a Communications Services Provider that is in the City Register;
provided that Affiliate shall in no event mean any limited partner,member, or shareholder
holding an interest of less than 15 percent in such Communications Services Provider.
(3)Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in providing Wireless Services or other Communications Services.
(4) Applicable Codes means 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, or local
codes or ordinances adopted to implement this subsection. The term includes objective
design standards adopted by ordinance which may require that a new Utility Pole replacing
an existing Utility Pole be of substantially similar design, material, and color, or that
ground-mounted equipment meet reasonable spacing requirements. The term includes
objective design standards adopted by ordinance which may require a Small Wireless
Facility to meet reasonable location context, color, Stealth, and concealment requirements;
however,the City may waive the design standards 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. The waiver shall be granted or
denied within 45 days after the date of the waiver request.
(5) Applicant means a person who submits an Applicatio and is a Wireless Provider.
(6)Application means a request submitted by an Applicant to the City for a permit to Collocate
Small Wireless Facilities.
(7)As Built Survey means the final and complete drawings in hard copy signed and sealed by
a Professional Surveyor and Mapper(as defined in§4'12.005,Florida Statutes)and the final
and complete electronic overview map(in autocad,mi rostation,map info or ESRI format)
presented in computer input medium such as cd-rom, dvd or zip file. As-Built Surveys, in
both the drawings and the electronic overview ma I, shall show the present state of a
Communications Services Provider's Facilities in the ublic Rights-of-Way, including,but
not limited to, the horizontal and vertical location of Facilities located at least every 100
feet and at any alignment change. Horizontal locatio s on all points of Facilities shall be
from street centerline, or section or quarter section lines or corners. Vertical locations on
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all points of Facilities shall consist of elevations in either City datum or United-States
Geological Survey datum.
(8) Cable Service means the one-way transmission to subscribers of video programming or any
other programming service; and subscriber interaction, if any, that is required for the
selection or use of such video programming or other programming service.
(9) Cable Service Provider means a person that provides cable service over a cable system.
(10) Cable System means a facility consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide
cable service that includes video programming and that is provided to multiple subscribers
within a community,but such term does not include: a facility that serves only to retransmit
the television signals of one or more television broadcast stations; a facility that serves only
subscribers in one or more multiple-unit dwellings under common ownership, control, or
management, unless such facility or facilities use any Public Right-of-Way; a facility that
serves subscribers without using any Public Right-of-Way; a facility of a common carrier
that is subject, in whole or in part, to the provisions of Title II of the Federal
Communications Act of 1934 except such facility shall be considered a cable system other
than for purposes of 47 U.S.C. Section 541(c) to the extent such facility is used in the
transmission of video programming directly to subscribers,unless the extent of such use is
solely to provide interactive on-demand services; any facilities of any electric utility used
solely for operating its electric utility systems; or an open video system that complies with
47 U.S.C. Section 573.
(11) City means the City of Zephyrhills, Florida, a municipal corporation organized and
existing under the laws of the State of Florida.
(12) City Code means the municipal land development code and/or code of ordinances of the
City of Zephyrhills, Florida.
(13) City Council means the governing body for the City.
(14) City Utility Pole means a Utility Pole owned by the City in the Right-of-Way.
(15) Collocate or Collocation means to install, mount, maintain, modify, operate, or replace
one or more Wireless Facilities on,under,within,or adjacent to a wireless support structure
or Utility Pole. The term does not include the installation of a new Utility Pole or wireless
support structure in the Public Rights-of-Way, nor does it include interconnection of
Communications Facilities or the sale or purchase of capacity (whether bundled or
unbundled).
(16) Communications Facility, or Facilities means any portion of a Communications System
located in the Public Rights-of-Way.
(17) Communications Services means the definition ascribed thereto in Section 202.11(1),
Florida Statutes, as may be amended, and also includes but is not limited to Wireless
Services as defined herein. •
(18) Communications Services Provider means (i) any Person, municipality or county
providing Communications Services through the use and operation of a Communications
System or Communications Facilities installed,placed and maintained in the Public Rights-
of-Way, regardless of whether such System or Facilities are owned or leased by such
Person, municipality or county and regardless of whether such Person, municipality or
county has registered with the Florida Department of Revenue as a provider of
Communications Services in Florida pursuant to Chapter 202, Florida Statutes and(ii) any
Person, municipality or county who constructs, installs, places, maintains or operates
Communications Facilities in the Public Rights-of-Way but who does not provide
Communications Services, including for example a company that places "dark fiber" or
conduit in the Public Rights-of-Way and leases or otherwise provides those facilities to
another company that does provide Communications Services.
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(1)) Cominunications System or System means any permanent or temporary plant, equipment
and property placed or maintained in the Public Rights-of-Way that is occupied or used, or
is capable of being occupied or used, by a Commu>ucations Services Provider for the
purpose of producing,conveying,routing,transmitting_i-receiving,amplifying,distributing,
providing or offering Communications Services including,but not limited to cables,wires,
lines, conduits, fiber optics, Antennae, radios and any associated poles, converters, splice
boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other
plant, equipment and pathway.
(20)Dealer means any Person,municipality or county providing Communications Services to
an end user in the City through the use and operation of Communications Facilities
installed, placed and maintained in the Public Rights-of-Way, whether owned or leased,
and who has registered with the Florida Depadnient of Revenue as a provider of
Communications Services pursuant to Chapter 202, Florida Statutes. This definition of
"Dealer" is intended to include any "Reseller."
(21)Department means the Florida Department of State.
(22)Excavation or other similar formulation of that term means the cutting,trenching or other
disturbance to the Public Rights-of-Way intended to change the grade or level of land or
which causes any cavity, gap, depression, penetration or hole in the surface of the Public
Rights-of-Way.
(23)FCC means the Federal Communications Commissicin.
(24) Franchise means an initial authorization or renewal of an authorization, regardless of
whether the authorization is designated as a franchise,(permit, license,resolution, contract,
certificate, agreement, or otherwise, to construct and operate a cable system or video
service provider network facilities in the Public Rights-of-Way.
(25)Franchise Authority means any governmental entity mpowered by federal, state, or local
law to grant a franchise.
(26) Government means the United States of Amen a, the State of Florida, counties,
municipalities, and any of their respective agencies, departments or bureaus.
(27)In the Public Rights-of-Way means in, along, on,over,under, across or through the Public
Rights-of-Way.
(28)Micro Wireless Facility means a Small Wireless FaciFty having dimensions no larger than
24 inches in length, 15 inches in width, and 12 inches n height and an exterior Antenna,if
any, no longer than 11 inches.
(29) Part means the Zephyrhills Communications Ri t-of-Way Utilization Ordinance,
codified as Part 7.12.00 of the City Land Developme t Code.
(30) Pass-Through Facilities means the Facilities for a Communication System that merely
pass through the City from one point to another point and from which no revenues are
directly attributable to subscribers or other carriers within the City.
1
(31) Pass-Through Provider means any Person, muilicipalityor county that places or
maintains a Communications System or Communications Facilities in the Public Rights-
of-Way but who does not provide Communications Services, including for example a
company that places "dark fiber" or conduit In The Public Rights-of-Way and leases or
otherwise provides those facilities to another company that does provide Communications
Services to an end user. This definition is intended too include any Person that places or
maintains Pass-Through Facilities in the Public Rights-of-Way, but who does not provide
Communications Services to an end user within the corporate limits of the City.
(32)Person means any individual, firm,joint venture,panership, estate,trust,business trust,
syndicate, fiduciary, association, corporation, compare , organization or legal entity of any
kind, including any Affiliate, successor, assignee, transferee or personal representative
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thereof, and all other groups or combinations, and shall include the City to the extent that
the City acts as a Communications Services Provider.
(33) Placement or Maintenance or Placing or Maintaining or other similar formulations of
those terms means the named actions interpreted broadly to encompass, among other
things, erection, construction, reconstruction, installation, inspection, maintenance,
placement, replacement, extension, expansion, repair, removal, operation, occupation,
location, relocation, grading, undergrounding, trenching or excavation. Any
Communications Services Provider that owns, leases or otherwise controls the use of a
Communications System or Facility in the Public Rights-of-Way, including the physical
control to maintain and repair, is "placing or maintaining" a Communications System or
Facility. A Person providing service only through buying wholesale and then reselling 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 does not constitute "placing or maintaining" Facilities in the
Public Rights-of-Way.
(34) Public Rights-of-Way means land in which the City owns the fee or has an easement
devoted to or required for use as a transportation facility, as that term is defined in
§334.03(21), Florida Statutes. "Public Rights-of-Way" shall not include (a) county, state
or federal Rights-of-Way,(b)property owned by any Person other than the City, (c)service
entrances or driveways leading from the road or street onto adjoining property or(d)except
as described above, any real or personal property of the City, such as, but not limited to,
City parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other
structures or improvements, regardless of whether they are situated in the Public Rights-
of-Way.
(35)Public Service Commission or PSC means the agency for the State of Florida charged with
the powers and duties conferred upon it by Chapter 364, Florida Statutes.
(36) Record Drawings means a final and complete drawing accurately depicting the
improvements as constructed. Record Drawings are not required to be signed and sealed
by a Professional Surveyor and Mapper.
(37) Registration or Register or other similar formulations of that term means the process
described in Section 7.12.04 herein whereby a Communications Services Provider provides
certain information to the City.
(38) Reseller means any Person providing Communications Services within the City over a
Communications System, or portion thereof, for which a separate charge is made, where
that Person does not place or maintain, nor own or control, any of the underlying Facilities
in the Public Rights-of-Way used for transmission. Instead such Person purchases the
Service, usually at wholesale, from a Communications Services Provider and then resells
it at retail or such Person uses the Public Rights-of-Way by either interconnecting with the
Facilities of a Communications Services Provider utilizing the Public Rights-of-Way or by
leasing excess capacity from a facility-based Communications Services Provider.
(39)Right-of-Way Use Permit means the Right-of-Way utilization permit required under Land
Development Code Section 7.03.02.02 prior to commencement of any placement or
maintenance of Facilities in the Public Rights-of-Way.
(40) Small Wireless Facility means a wireless facility that meets the following qualifications:
(a) each Antenna associated with the facility is located inside an enclosure of no more than
six (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 six
(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.
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i
F•
(41)Stealth Design means a method of camouflaging any tower,Antenna, Wireless Facilities,
or other ancillary supporting communications facility, including, but not limited to,
supporting electrical, optical, or mechanical, or ther equipment, which enhances
compatibility with adjacent land uses and which is visu 11y and aurally unobtrusive. Stealth
design may include a repurposed structure. Stealt design includes any method of
camouflaging Wireless Facilities adopted by the City Council through resolution
(42) Utility Pole means a pole or similar structure us d 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 suppo structure for traffic lights,but does
not include any horizontal structures upon which are attached signal lights or other traffic
control devices and does not include any pole or similar structure 15 feet in height or less
unless the City grants a waiver for the pole.
(43) Video Programming means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station as set forth in 47
U.S.C. §522(20).
(44) Video Service means video programming services, including cable services, provided
through wireline facilities located at least in part in the Public Rights-of-Way without
regard to delivery technology,including internet protocol technology. This definition does
not include any video programming provided by a commercial mobile service provider as
defined in 47 U.S.C. §332(d),video programming pro1ided as part of and via a service that
enables end users to access content, information, elect onic mail, or other services offered
over the public internet.
(45) Video Service Provider means an entity providing video service.
(46) Wireless Facilities means 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 he equipment is Collocated, or (b)
wireline backhaul facilities, or (c) coaxial or fiber-o tic cable that is between wireless
structures or Utility Poles or that is otherwise not ' ediately adjacent to or directly
associated with a particular Antenna.
(47) Wireless Infrastructure Provider means a person ho has been certified to provide
telecommunications service in the state, and who builds or installs wireless communication
transmission equipment, Wireless Facilities, or Wire ess Support Structures, but is not a
Wireless Services Provider.
(48) Wireless Provider means a Wireless Infrastructur Provider or a Wireless Services
Provider.
(49) Wireless Services means any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile, using Wireless Facilities.
(50) Wireless Services Provider means a person who provides Wireless Services.
(51) Wireless Support Structure means 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 d es not include a Utility Pole.
7.12.04. -Registration.
7.12.04.01 Every Communications Services Provider that desires to place or maintain '
a Communications System or any Communications Facilities in the Public Rights-of-Way,
including any Pass-Through Facilities, shall first Register(with the City in accordance with this
section. Subject to the provisions prescribed in this Part, only a Communications Services
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Provider that has properly Registered may apply for Right-of-Way Use Permits to place or
maintain a Communications System or Facilities in the Public Rights-of-Way.
7.12.04.02 Every Communications Services Provider that desires to place or maintain
Communications Facilities in the Public Rights-of-Way, including any Pass-Through
Facilities, shall Register with the Planning and Public Works Departments and shall submit the
following information and documentation:
(1) the name of the applicant under which it will transact business in the City and, if different,
in the State of Florida;
(2) the address and telephone number of the applicant's principal place of business in the State
of Florida and any branch office located in the City or, if none, the name, address and
telephone number of the applicant's national headquarters and its Registered Agent in
Florida;
(3) the name, address and telephone number of the applicant's primary contact person and the
person to contact in case of an emergency;
(4) the type of Communications Services that the applicant intends to provide within the
corporate limits of the City(if more than one, state all that apply), or, if none, state that the
applicant is a Pass-Through Provider or is intending only to place and maintain Pass-
Through Facilities, as the case may be;
(5) a copy of both the applicant's resale certificate and certificate of registration issued by the
Florida Department of Revenue to engage in the business of providing Communications
Services in the State of Florida;
(6) a copy of the applicant's certificate of authorization, public convenience and necessity or
other similar certification issued by the Florida Public Service Commission;
(7) the number of the applicant's certificate of authorization or license to provide
Communications Services issued by the Florida Public Service Commission, the
Department, the FCC, or other Federal authority, if any;
(8) for an applicant that is a Pass-Through Provider,in lieu of paragraphs(5),(6)and(7)above,
the applicant shall provide a certified copy of the certificate or license issued by the Florida
Department of State, or other appropriate state agency or depal tment, authorizing the
company to do business in the State of Florida; and
(9) evidence of the applicant's insurance coverage as required under this Part.
.7.12.04.03 The City shall
review the information submitted by the applicant. Such review shall be by the Planning
Director or his/her designee and Public Works Director or his/her designee. If it is found that
the applicant complied with the requirements of this section,the Registration shall be effective
and the City shall notify the applicant of the effectiveness of Registration in writing. If the City
determines that the applicant is not in compliance, the City shall notify the applicant in writing
of the non-effectiveness and denial of Registration and the reasons therefor. The City shall so
reply to an applicant within 30 days after receipt of the Registration Application and required
information from the applicant.Non-effectiveness and denial of Registration shall not preclude
an applicant from reapplying or filing subsequent Applications for Registration under the
provisions of this section.
7.12.04.04 An effective Registration does not, and shall not be construed to, convey
equitable or legal title in the Public Rights-of-Way to any Communications Services Provider.
Registration under this Ordinance governs only the placement or maintenance of a
Communications System or Communications Facilities in the Public Rights-of-Way. Other
ordinances, codes or regulations may apply to the placement or maintenance in the Public
Rights-of-Way of facilities that are not part of a Communications System. Registration does
not excuse a Communications Services Provider from obtaining appropriate access or pole
attachment agreements before locating its Facilities on those facilities or property belonging
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to'the City or another Person. Registration does not a cuse a Communications Services
Provider from complying with all other applicable City ordinances, codes or regulations,
including the rules, regulations and general conditions set forth in this Part.
7.12.04.05 A Communications Services Provider, may cancel a Registration upon
written notice to the City stating that it will no longer place or maintain a Communications
System or any Communications Facilities in the Public Rights-of-Way and will no longer have
a need to apply for Right-of-Way Use Permits to perfor. construction or other work in the
Public Rights-of-Way. A Communications Services Provii er may not cancel a Registration if
it intends to continue placing or maintaining a Communications System or any
Communications Facilities in the Public Rights-of-Way.
7.12.04.06 Registration, in and of itself, does not establish a right to place or maintain
or a priority for the placement or maintenance of a Communications System or any Facility in
the Public Rights-of-Way,but shall establish for the Communications Services Provider a right
to apply for a Right-of-Way Use Permit from the City. Riegistrations are expressly subject to
any future amendment to or replacement of this Part and further subject to any additional City
ordinances, as well as any state or federal laws that ma' be enacted. Registration does not
excuse or exempt a Communications Services Provider from having to obtain a Business Tax
Receipt from the City and pay the City's Business Tax in accordance with the City Code.
7.12.04.07 A Communications Services Provider ¶hall renew its Registration with the
City by April 1 of even numbered years in accordance with the Registration requirements in
this Part, except that any Communications Services Provider that initially Registers during the
even numbered year when renewal would be due or tle odd numbered year immediately
preceding such even numbered year shall not be required to renew its Registration until the
next even numbered year. Within 30 days of any change in the information required to be
submitted pursuant to subsection 7.12.04.02, a Communications Services Provider 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 restricting the issuai ce of additional Right-of-Way use
permits until the Communications Services Provider has complied with the Registration
requirements of this Part.
7.12.04.08 In accordance with applicable City ordinances, codes or regulations, a
Right-of-Way Use Permit is required for a Communications Services Provider to place or
maintain a Communications Facility in the Public Right- of-Way. An effective Registration
shall be a condition of obtaining such a permit. Notwithstanding an effective Registration, all
permitting requirements shall apply, including the requirement to pay for any such permits
unless otherwise provided by resolution or ordinance of t e City.A permit may be obtained by
or on behalf of the Communications Services Provider h ving an effective Registration if all
permitting requirements of the City and other provisions f this Part are met.
7.12.04.09 A Reseller,which by definition does not place or maintain Communications
Facilities in the Public Rights-of-Way, is not required to Register with the City.
7.12.05. -Notice of Transfer, Sale or Assignment of Asset .
If a Communications Services Provider transfers, ells or assigns its System or any
Facilities located in the Public Rights-of-Way incident to a transfer, sale or assignment of the
Communications Services Provider's assets,the transferee,b yer or assignee shall be obligated to
comply with the provisions set forth in this Part. Writtenotice of any such transfer, sale or
assignment shall be provided by the Communications Service Provider to the City within 30 days
after the effective date of such transfer, sale or assignment. If the transferee, buyer or assignee is
not currently registered with the City, then the transferee, buyer or assignee shall Register as
provided in Section 7.12.04 within 60 days of the effective date of such transfer, sale or
assignment. If any Applications for Right-of-Way Use Permits are pending under the
Communications Services Provider's name as of the date th City receives written notice of the
transfer, sale or assignment,then the City shall consider the t ansferee,buyer or assignee as a new
Applicant unless otherwise notified by the Communications Services Provider.
Page 9 of 31
7.12.06. -Rules,Regulations and General Conditions for Placement of Communications
Systems and Facilities in the Public Rights-of-Way.
7.12.06.01 General. As a condition of allowing the placement or maintenance of a
Communications System or any Communications Facility in the Public Rights-of-Way, and
under additional authority granted pursuant to Chapter 337, Florida Statutes, the City hereby
imposes the rules, regulations and general conditions contained in this section. Unless
otherwise provided in this Part, these rules, regulations and general conditions shall apply to
all Communications Services Providers, including those that are Pass-Through Providers
irrespective of whether they place and maintain only conduit, dark fiber or Pass-Through
Facilities.
7.12.06.02 Utilization of the Public Rights-of-Way. The requirements of this subsection
shall apply to the utilization of any Public Right-of-Way.
(1) Compliance with Laws. A Communications Services Provider shall at all times be in full
compliance with and abide by all applicable federal, state and local laws, codes and
regulations in placing or maintaining a Communications System and Facilities in the Public
Rights-of-Way.
(2) Due Care. A Communications Services Provider 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.
(3) Permits. A Communications Services Provider shall not commence to place or maintain a
Communications Facility in Public Rights-of-Way until all applicable permits have been
issued by the City and other appropriate authority, except in the case of an emergency. The
term "emergency" shall mean a condition that affects the public's health, safety or general
welfare, which includes an unplanned out-of-service condition of a pre-existing service.
The Communications Services Provider shall provide prompt notice to the City of the
placement or maintenance of a Communications Facility in the Public Rights-of-Way in
the event of an emergency and shall, after-the-fact,be required to submit plans and Record
Drawings and As-Built Surveys,showing the placement or relocation of a Communications
Facility undertaken in connection with the emergency.
(4) Application for Right-of-Way Use Permit. Prior to the issuance of a Right-of-Way Use
Permit to allow the placement or maintenance of a Communications System or Facility in
the Public Rights-of-Way, the City has the right to review and consider and the
Communications Services Provider shall provide all of the following:
a. The expected dates and times when the Facility will be installed and the estimated time
needed for construction and placement of the proposed Facility;
b. The location of the proposed Facility, the Public Rights-of-Way affected and a
description of the Facility, including the type of Facility (e.g. conduit, fiber, twisted
pair, etc.),the number of fibers or other cable being installed, and the approximate size
of the Facility(e.g. length,height, width and diameter); and
c. Plans,drawings,photographs, and schematics(including cross section layout)prepared
by a qualified engineer or technician showing where the Facility is proposed to be
located in the Public Rights-of-Way and showing any known Communications
Facilities or utility facilities in such Public Rights-of-Way.
(5) Revised Plans. If the plans or drawings submitted showing the proposed location for
installation of the Facility in the Public Rights-of-Way require revision for any reason prior
to commencing construction,the Communications Services Provider shall promptly submit
revised plans and drawings to the Planning and Public Works Departments.
(6) Power to Restrict Area. To the extent not otherwise prohibited by state or federal law, the
City shall have the power to prohibit or limit the placement of new or additional
Communications Facilities within a particular area of the Public Rights-of Way and deny
the issuance of a Right-of-Way Use Permit.
Page 10of31
i
(7) Limited Purpose of Right-of-Way Use Permit. A Rit-of-Way Use Permit issued by the
City constitutes authorization to undertake only certai activities in Public Rights-of-Way
in accordance with this Part and does not create any prperty right or other vested interest,
or grant authority to impinge upon the rights of othe s who may have an interest in the
Public Rights-of-Way. Right-of-Way Use Permits sha 1 be granted only for specific routes
or locations in the Public Rights-of-Way and for such erm as described in the permit. The
City's issuance of a Right-of-Way Use Permit shall no be construed as a warranty that the
placement of any Communications Facility is in compliance with applicable codes,
regulations or laws.
(8) Responsibility for Contractors. Every Communications Services Provider that is
Registered with the City shall be liable for the actions of contractor(s) hired by them to
perform the placement or maintenance of Facilities in the Public Rights-of-Way and shall
be responsible for making sure that such contractor mei is and complies fully with the rules,
regulations and general conditions set forth in this Part.
7.12.06.03 Placement or Maintenance of Communications Facilities. The requirements
of this subsection shall apply to the placement or maintenance of Communications Facilities
in any Public Right-of-Way.
(1) Provision and Form of Record Drawings and As- uilt Surveys. Within 45 days after
completion of any placement or maintenance of a Counications Facility in the Public
Rights-of-Way,the Communications Services Provid r shall provide the City with Record
Drawings showing the final location of such Facility in the Public Rights-of-Way. The
Communications Services Provider shall also provide the City with As-Built Surveys
within 45 days after completion of any placement or maintenance of a Communications
Facility in the Public Rights-of-Way. The Record Drawings and As-Built Surveys shall be
provided to the City at no cost.
(2) Production and Filing of As-Builts. Every Comm 'cations Services Provider that is
Registered with the City shall produce and keep on fil at its principal place of business an
accurate and complete set of As-Builts of all Facilities placed and maintained in the Public
Rights-of-Way. The location and identification of Facilities and the production of As-
Builts shall be at the sole expense of the Communications Services Provider. Within 30
days of any written request by the City, the Communications Services Provider shall
provide to the City, at no cost, copies of complete sets of As-Builts for the indicated Public
Rights-of-Way. The failure of the Communications Services Provider to produce,keep on
file, or provide to the City As-Builts as required under this Part is sufficient grounds for
the City to deny the issuance of Right-of-Way Use Pe its in the future.
(3) Removal of Facilities Placed Without Permit. Any ommunications Facilities placed in
the Public Rights-of-Way by the Communications S ices Provider without first having
obtained the required Right-of-Way Use Permits shall be removed within 30 days of
written notice by the City to remove the same and in default of compliance with such
notice, such Facilities may be removed by order of the Planning Director or his/her
designee and Public Works Director or his/her designee and the cost of removal shall be
borne and paid by the Communications Services Prov der upon demand.
(4) Underground. The placement or maintenance of all Communications Facilities shall be
underground unless otherwise approved in writing by he City. Communications Facilities
shall be placed between the property line and the cur line of all streets and avenues and
shall not be within the roadway or the roadway recovery area unless specifically approved
in writing by the City. All Communications Facilities shall have consistent alignment
parallel with the edge of pavement, a thirty-six-inch (36") depth of cover and shall have
two feet (2') of horizontal clearance from othe underground utilities and their
appurtenances. Where approved by the City, Facilities to be placed in the street shall be
laid according to the permanent grade of the street an at a depth below the surface of the
permanent grade as each is determined by the City.
(5) Above-Ground Approval. The placement or maintnance of Facilities above-ground,
including new Utility Poles and aerial wires, is subject to written approval by the City.
Page 11 of 31
Attachment to any Utility Pole or other above-ground structure shall be pursuant to a valid
and effective pole attachment agreement or similar instrument. Location on any Utility
Pole or other above-ground structure shall not be considered a vested interest of the
Communications Services Provider or Wireless Infrastructure Provider and such Utility
Poles or structures, if owned by the Communications Services Provider or Wireless
Infrastructure Provider, shall be removed or modified by the Communications Services
Provider or Wireless Infrastructure Provider at its own expense whenever the City or other
governmental authority determines that the public convenience would be enhanced
thereby. The Communications Services Provider or Wireless Infrastructure Provider shall,
at such time as the electric utility facilities or other Communications Facilities are placed
underground or are required by the City to be placed underground, concurrently place its
Communications Facilities underground without cost to the City.
(6) New Utility Poles or Above-Ground Structures. The placing of any new Utility Pole or
other above-ground structure to support Communications Facilities is subject to the
approval of the City and shall be done under the supervision of the Public Works Director
or his/her designee. No such Utility Pole or other above-ground structure shall be placed
in any gutter or drainage area and shall be behind the curb to avoid damage to any sidewalk.
In areas of the City where either electric utility wires or other Communications Facilities
are above ground and such facilities are moved, either voluntarily or at the direction of the
City, to a new Utility Pole or other above-ground structure, the Communications Services
Provider or Wireless Infrastructure Provider shall likewise move all of its above-ground
Facilities on such Utility Poles or structures to such new Utility Pole or structure within 30
days after receipt of written notice from either the City or the owner of the new Utility Pole
or structure,without cost to the City. New Utility Poles installed by Wireless Infrastructure
Providers shall also be subject to and may avail themselves of the requirements and process
set forth in Section 7.12.08 hereof.
(7) Placement and Maintenance Standards. The placement or maintenance of
Communications Facilities in the Public Rights-of-Way shall be performed in accordance
with standards and requirements of the following, as is applicable and as each is in force
at the time of the respective placement or maintenance of a Communications System or
Facility:
a. the Florida Depaitment of Transportation Utilities Accommodation Guide;
b. the State of Florida Manual of Uniform Minimum Standards for Design Construction
and Maintenance for Streets and Highways;
c. the Trench Safety Act(Chapter 553, Florida Statutes);
d. the Underground Facility Damage Prevention and Safety Act (Chapter 556, Florida
Statutes);
e. the National Electrical Code or the ANSI National Electrical Safety Code; and
f. 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.
(8) Sunshine State One-Call. Every Communications Services Provider shall utilize, and if
permissible, maintain membership in the utility notification one call system administered
by Sunshine State One-Call of Florida, Inc.
(9) Safety and Minimal Interference. All placement and maintenance of Communication
Facilities in the Public Rights-of-Way shall be subject to the City Code and other
regulations of the City pertaining thereto, and shall be performed with the least possible
interference with the use and appearance of the Public Rights-of-Way and the rights and
reasonable convenience of the property owners who abut or adjoin the Public Rights-of-
Way and in compliance with the rules and regulations of the Florida Department of
Transportation. The Communications Services Provider shall at all times employ
reasonable care and use commonly accepted methods and devices for preventing failures
Page 12 of 31
and accidents which are likely to cause damage or in'ury or be a nuisance to the public.
Suitable barricades, flags, lights, flares, or other devices shall be used at such times and
places as are reasonably required for the safety of allembers of the public. All placement
and maintenance shall be done in such a manner as to minimize to the greatest extent any
interference with the usual travel on such Public Righ s-of-Way.
(10) Correction of Harmful Conditions. If, at any time,the City or other authority of competent
jurisdiction, reasonably determines that any Commu 'cations Facility is, or has caused a
condition that is, harmful to the health, safety or general welfare of any Person, then the
Communications Services Provider shall, at its own exiense,promptly correct or eliminate
all such Facilities and conditions.In an emergency, as determined by the Planning Director
or his/her designee and Public Works Director or his/her designee, when the
Communications Services Provider is not immediately available or is unable to provide the
necessary immediate repairs to any Communications Facility that is damaged or
malfunctioning, or has caused a sunken area or other condition and, in the City's sole
discretion, is deemed a threat to public safety, then he City, when apprised of such an
emergency, shall have the right to remove, make repairs to or eliminate the same with the
total cost being charged to and paid for by the Communications Services Provider upon
demand.
(11)Remedy of Hazardous Conditions. If, at any time, a condition exists that the City or other
authority of competent jurisdiction reasonably determines is an emergency that is
potentially hazardous or life threatening to any person or is a threat to the health or safety
of the general public,and to remedy such condition the City or other authority of competent
jurisdiction reasonably determines that a Communications Services Provider shall
temporarily relocate or temporarily shut off service or transmissions through a specific
Facility, then the City, as an appropriate exercise of its police powers, may order the
Communications Services Provider to immediately p rform such temporary relocation or
shut off until the condition has been remedied, and to do so at its own expense and without
liability to or recourse against the City. In such an emrgency, when the Communications
Services Provider is not immediately available or ''s unable to provide the necessary
immediate relocation or shut off of the specific Co unications Facility, the City shall
have the right to perform, or cause to be performed, sich temporary relocation or shut off
until the condition has been remedied with the total cost being charged to and paid for by
the Communications Services Provider upon demand.
(12) Interference with Other Facilities. A Communications Services Provider shall not, in
violation of any applicable laws or regulatory stan ards, design, place or maintain its
Communications Facilities in a manner that will inte fere with the signals or facilities of
any municipal or county police,fire or rescue departm nt,the facilities of any public utility,
or the Communications Facilities of another Communications Service Provider, including
any cable service provider.
(13) Relocation or Removal of Facilities. Except in case of emergency, a Communications
Services Provider, at its own expense, shall remove or relocate its Facilities in accordance
with this subparagraph.
a. Upon 30 days written notice from the City, a Co unications Services Provider shall
relocate or remove,as specified in said notice,itsommunications Facility in the event
the City finds that the particular Facility is unreasonably interfering in some way with
the convenient, safe or continuous use, or the maintenance,improvement, extension or
expansion of any Public Rights-of-Way. The Cit 3' shall provide the Communications
Services Provider with a notice and order as provided for in Section 337.404 of the
Florida Statutes, or any subsequently enacted law of the State of Florida, in the event
it charges the Communications Services Provider for the cost and expense of relocating
or removing such Facility pursuant to this paragra h.
b. Within a reasonable period of time from the date of written notice from the City, but
not more than 120 days thereafter, a Communicat ons Services Provider shall relocate
or remove, as specified in said notice, its Comm nications Facility in the event the
Planning Director or his/her designee and Public Works Director or his/her designee
determines it necessary for the construction, completion, repair, relocation or
Page 13 of 31
maintenance of a City project, because the particular Communications Facility is
interfering with or adversely affecting the proper operation of street light poles,traffic
signals, or any communications system belonging to the City or an agency thereof or
because the particular Communications Facility is interfering with the signals or
facilities of the Zephyrhills Police Department, Zephyrhills Fire Rescue or any
municipal public utility. In the event the City issues any such written notice to the
Communications Services Provider pursuant to this paragraph, and the
Communications Services Provider fails to cause the aforementioned relocation or
removal as required herein, the City shall be entitled to relocate or remove such
Facilities without further notice to the Communications Services Provider and the total
cost and expense shall be charged to the Communications Services Provider.
(14) Temporary Raising or Lowering ofFacilities. A Communications Services Provider,upon
request of any Person holding a validly issued building or moving permit from the City to
temporarily encroach on or perform moving operations in or across the Public Rights-of-
Way, shall temporarily raise or lower its Communications Facilities to accommodate such
temporary encroachment or move. The expense of such temporary raising or lowering of
Facilities shall be paid by the Person requesting the same, and the Communications
Services Provider shall have the authority to require such payment in advance. The
Communications Services Provider shall be given not less than 20 days advance written
notice from such Person to arrange for the temporary relocation, which notice shall detail
the time and location of the permitted activity, and not less than 24 hours advance notice
from the permit holder advising of the actual operation. The City is not subject to,nor shall
it be liable for, any such expense or notice requirement for the moving of houses or
structures performed by the City or its contractors.
(15) Coordination. In an effort to minimize the adverse impact on the Public Rights-of-Way
and other municipal improvements, a Communications Services Provider shall be required
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 Application for a Right-
of-Way Use Permit, as determined by the City. Every Communications Services Provider
shall make space in its trench and/or conduit within the Public Rights-of-Way available to
other 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.
(16) Co-location and Joint Use. A Communications Services Provider,in an effort to minimize
the adverse impact on the useful life of the Public Rights-of-Way,shall,whenever possible,
enter into joint use agreements with the City and other parties who have Registered with,
or who are expressly authorized by,the City to use its Public Rights-of-Way;provided that
the terms of such agreements are satisfactory to the Communications Services Provider.
Nothing herein contained shall mandate that the Communications Services Provider enter
into joint use agreements with parties other than the City or an agency of the City.However,
prior to placement of any new or additional underground conduit in the Public Rights-of-
Way, a Communications Services Provider is required to certify in writing to the City that
it has made appropriate inquiry to all existing utilities and other entities possessing a right
to occupy the Public Rights-of-Way as to the availability of existing or planned conduit
that the particular Communications Services Provider could reasonably utilize to meet its
needs, and that no such conduit is available or planned at a reasonable cost by any other
entity on the time schedule reasonably needed. The Communications Services Provider
shall not be permitted to perform any placement or maintenance of Facilities in those
segments of the Public Rights-of-Way where there exists vacant or available conduit, dark
fiber or surplus fiber owned by the City, an agency of the City or another governmental
body which is or, through a reasonable amount of effort and expense, can be made
compatible with the Communications Services Provider's System or network. Under such
circumstances the Communications Services Provider shall have the opportunity to enter
into a use agreement or lease arrangement with the City or an agency of the City at or below
Page 14of31
reasonable and prevailing market rates for such condui u or fiber or,where owned by another
governmental body, shall, in good faith, first exhaust all means of obtaining use of such
conduit or fiber before applying for a Right-of-way us- permit from the City.
(17)Maintenance-of-Traffic. In the event that placement sr maintenance of Communications
Facilities conducted by the Communications Service Provider requires streets or traffic
lanes to be closed or obstructed, the Communications Services Provider shall,pursuant to
the requirements of existing or subsequently enacted ity ordinances and other applicable
regulations, obtain all necessary permits from the C. , and shall obtain approval of its
maintenance-of-traffic plan from the City.
(18)Restoration of Public Rights-of-Way. After completion of any placement or maintenance
of a Communications Facility in the Public Rights-Of-Way or each phase thereof, the
Communications Services Provider shall, at its own e'Ixpense and in a manner reasonably
acceptable to the City,restore without delay the Public Rights-of-Way so disturbed to their
original condition immediately prior to the placement or maintenance work. If the
Communications Services Provider fails to make such restoration within 30 days following
the completion of such placement or maintenance, the City may perform such restoration
and charge the costs of the restoration to the Communications Services Provider in
accordance with Section 337.402, Florida Statuts, as it may be amended. The
Communications Services Provider shall, to the satisfaction of the City, maintain and
correct any restorations made pursuant hereto for a pe,'od of 12 months following the date
of its completion.Failure to comply with this subsectio shall be deemed sufficient grounds
for denial of any future Right-of-Way Use Permits f r the placement or maintenance of
Communications Facilities.
(19) Disruption or Destruction of Other Facilities or Pr perty. A Communications Services
Provider shall not knowingly place or maintain any acility in a manner that shall in any
way disrupt, displace, damage or destroy any sew r line, gas line, water main, pipe,
conduit, wires, fiber-optics or other Facilities, or pr perty belonging to the City or any
other Person lawfully occupying the Public Rights- f-Way, without first obtaining the
consent of the City. The Communications Services rovider shall bear all responsibility
and costs for any such conduct where City consent has not been obtained and shall pay
such costs upon demand.
(20) Preservation of Public Rights-of-Way for Plannedublic Projects. To the extent not
otherwise prohibited by state or federal law, the Cit shall have the power to prohibit or
limit the placement of new or additional Communi ations Facilities within a particular
area of Public Rights-of-Way and may consider, among other things and without
limitation, the sufficiency of space to accommodate all of the present communications
facilities and pending Applications to place and maint in facilities in that area of the Public
Rights-of-Way, the sufficiency of space to accommo ate City announced plans for public
improvements or projects that the City determines ar in the public interest, the impact on
traffic and traffic safety, and the impact upon existing facilities In The Public Rights-of-
Way.
7.12.06.04 General Conditions on the Utilization of Public Rights-of-Way and the
Placement or Maintenance of Communications Facilities.
(1) City Not Liable. Neither the City nor its officials,boar s, City Council,consultants,agents,
employees or independent contractors shall have 4 y liability to the Communications
Services Provider for any claims for any damages, cots, expenses or losses resulting from
the City's damaging,removing,altering or relocating ally Facilities of any Communications
Services Provider, which arose out of or in connection with any emergency or disaster or
was, in the sole discretion of the City, deemed necessary to facilitate any public works
project, public improvement, alteration of a City stru ture, change in the grade or line of
any Public Rights-of-Way, or the elimination, aba donment or closure of any Public
Rights-of-Way, or was otherwise found by City Co 1 cil to be in the best interest of the
health, safety or general welfare of the public; no shall any charge be made by the
Communications Services Provider against the City or any damages, costs, expenses or
losses related thereto.
Page 15 of 31
(2) No Exemption from Permits. Nothing in this Part shall exempt any Communications
Services Provider from obtaining Right-of-Way Use Permits for work done within the
Public Rights-of-Way.
(3) Subject to Police Powers. The rights of the Communications Services Provider shall be
subject to all lawful exercise of police power by the City, and to such other reasonable
regulation of the Public Rights-of-Way as the City shall hereafter by resolution or
ordinance provide in the interest of the health, safety and general welfare of the public.
Any inconsistency or ambiguity between the provisions of this Part and any lawful exercise
of the City's police power shall be resolved in favor of the latter.
(4) City Inspection. The City shall have the right to make such inspections of a
Communications System or Facilities placed or maintained in the Public Rights-of-Way as
it finds necessary to ensure compliance with this Part. This Part shall not be construed to
create or hold the City responsible or liable for any damage to persons or property by reason
of any inspection by the City of the placement or maintenance of a Communications
System or Facility as authorized herein or failure by the City to so inspect.
(5) Access to Manholes. The City, in the proper exercise of its municipal powers and duties
with respect to the Public Rights-of-way, shall have access at any time to all hand holes
and manholes in the City belonging to a Communications Services Provider. Before
accessing any manhole, the City will make a reasonable good faith effort to provide the
Communications Services Provider prior notice to afford an opportunity to have trained
personnel present,unless the City determines an emergency situation exists.
(6) Compatibility, Capacity and Interference Issues. To properly manage and control the use
of the Public Rights-of-Way, and to protect the health, safety and general welfare of the
public, the City, in its legislative and regulatory role, shall be the final authority on
permitting a Communications System or Facility to be placed in the Public Rights-of-Way
and shall exercise such authority in a non-discriminatory manner. It shall be in the sole
discretion of the City whether an easement is compatible with or allows for its use by a
Communications System or Facility. It shall be in the sole discretion of the City, based on
the nature,design, size, configuration or proposed location of any Communications System
or Facility, whether there is sufficient capacity in a particular section of the Public Rights-
of-Way or whether such System or Facility will interfere with the Facilities or equipment
of any municipality, county, public utility, cable operator, or other Communications
Service Provider.
(7) No Warranty of Fitness or Suitability. The City makes no express or implied warranties or
representations regarding the fitness, suitability, or availability of the Public Rights-of-
Way for any Communications System or Facility or its right to authorize the placement or
maintenance of any Communications System or Facility in the Public Rights-of-Way. Any
performance of work, costs incurred, or services rendered by a Communications Services
Provider shall be at such Provider's sole risk. Nothing in this Part shall affect the City's
authority to acquire or add Public Rights-of-Way, or to vacate or abandon Public Rights-
of-Way as provided for in the City Code or applicable law. The City makes no express or
implied warranties or representations regarding the availability of any acquired, added,
vacated or abandoned Public Rights-of-Way for a Communications System or Facility.
(8) Annexations. Upon the annexation of any territory to the City of Zephyrhills,the provisions
of this Part and the rules,regulations and general conditions contained herein shall extend
to the territories so annexed; and all Facilities placed, maintained, owned or operated by
any Communications Services Provider extending into or already located in the Public
Rights-of-Way of the territory so annexed, shall thereafter be subject to all terms hereof,
as the same may be amended from time to time.
7.12.07. -Duty to Notify City of Resellers; Conditional Use of Public Rights-of-Way.
Within 30 days of any Registered Communications Services Provider using its Facilities
to carry the Communication Services of any Reseller, such Communications Services Provider
shall notify the City of the name and address of such Reseller. A Reseller's lease, interconnection
or other use of Facilities belonging to a Communications Services Provider duly Registered in
Page 16of31
I
accordance with Section 7.12.04 and properly permitted to p ace or maintain its Facilities in the
Public Rights-of-Way, does not, and shall not, afford such eseller any right, claim or cause of
action to impede the lawful exercise of the City's rights or poli e powers,including,but not limited
to,requiring the Registered Communications Services Provider to remove such Facilities from the
Public Rights-of-Way.
7.12.08. -Wireless Facilities.
7.12.08.01 Generally. The placement of telecommunication towers and Antennae
anywhere in the corporate limits of the City shall in all eases be subject to the City's zoning
and land use regulations. Where placement of a wireless Antenna in the Public Rights-of-Way
has been approved by the City, and to the extent not inconsistent with any City zoning and land
use regulations, a wireless Antenna attached to a permitted and legally maintained vertical
structure in the Public Rights-of-Way, such as a light pole or Utility Pole, shall, unless
otherwise agreed to by the City in writing:
(1) not extend more than 10 feet above the highest point of the vertical structure;
(2) not have any type of lighted signal,lights,or illuminafons unless required by an applicable
federal, state, or local rule, regulation or law;
(3) comply with any applicable Federal Communications Commission emissions standards;
(4) comply with any applicable local building codes i terms of design, construction and
installation; and
(5) not contain any commercial advertising thereon.
7.12.08.02 Small Wireless Facilities in Public Ri: is-of Way. The City hereby adopts
the following rules which shall apply to the Collocation o Small Wireless Facilities in Public
Rights-of-Way:
(1) General Conditions. Applicants seeking permission to Collocate or install Small Wireless
Facilities within Public Rights-of-Way shall comp y with the registration, insurance
coverage, indemnification, performance bonds, security funds, force majeure,
abandonment, City liability, and City warranties provisions contained in this Part;
provided, however, that the review timeframes and denial criteria of this subsection
7.12.08.02 shall control.
(2) Filing, Review, and Processing of Applications. The City shall accept Applications for
permits and shall process and issue permits for the Collocation of Small Wireless Facilities
iIn Public Rights-Of-Way subject to the requirements n this subparagraph 7.12.08.02(2).
a. The Applicant shall as a part of its Applicatio provide information necessary to
demonstrate the Applicant's compliance with the applicable provisions of this Part for
the placement of Small Wireless Facilities in the locations identified in the Application
and shall bear the burden of demonstrating compliance therewith.
b. Within 14 days after the date of filing the Application, the City may request that the
proposed location of a Small Wireless Facility lie 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 cilate of the request. At the conclusion
of the negotiation period, if the alternative location is accepted by the Applicant, the
Applicant shall notify the City of such acceptance hand the Application shall be deemed
granted for any new location for which there is a Ieement and all other locations in the
Application. If an agreement is not reached,the A plicant shall notify the City of such
disagreement and the City shall grant or deny the original Application within 90 days
after the date the Application was filed. A req est for an alternative location, an
acceptance of an alternative location, or a rejection of an alternative location shall be
provided in writing and by electronic mail.
Page 17 of 31
c. The height of a Small Wireless Facility shall be limited to 10 feet above the Utility Pole
or structure upon which the Small Wireless Facility is to be Collocated. Unless waived
by the City, the height for a new Utility Pole is limited to the tallest existing Utility
Pole as of July 1, 2017, located in the same Public Right-Of-Way, other than a Utility
Pole for which a waiver has previously been granted, measured from grade in place
within 500 feet of the proposed location of the Small Wireless Facility. If there is no
Utility Pole within 500 feet, the height of the Utility Pole shall be limited to 50 feet.
d. Within 14 days after receiving an Application, the City shall determine and notify the
Applicant by electronic mail as to whether the Application is complete. If an
Application is deemed incomplete, the City shall specifically identify the missing
information.An Application is deemed complete if the City fails to provide notification
otherwise to the Applicant within 14 days.
e. The City shall process all Applications on a nondiscriminatory basis. If the City fails
to approve or deny a complete Application within 60 days after receipt of the
Application, the Application is deemed approved. If the City does not use the 30-day
negotiation period provided herein, the parties 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.
f. A permit issued pursuant to an approved Application shall remain effective for one(1)
year, unless extended by the City.
g. The City shall notify the Applicant of approval or denial by electronic mail. The City
shall approve a complete Application unless it does not meet the applicable provisions
of this Part.
h. If the Application is denied, the City shall specify in writing the basis for denial,
including the specific code provisions on which the denial is based, and shall send the
documentation to the Applicant by electronic mail on the day the City denies the
Application.
i. The Applicant may cure the deficiencies identified by the City and resubmit the
Application within 30 days after notice of the denial is sent to the Applicant. Failure
by the Applicant to timely resubmit the Application shall result in a final denial of the
Application. The City shall approve or deny a timely filed revised Application within
30 days after receipt thereof or the Application is deemed approved. Any subsequent
review shall be limited to the deficiencies cited in the denial.
j. An Applicant seeking to Collocate Small Wireless Facilities within the City's
boundaries may, at the Applicant's discretion, file a consolidated Application with the
City and receive a single permit for the Collocation of up to 30 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.
k. The City may deny a proposed Collocation of a Small Wireless Facility in The Public
Rights-of-Way if the proposed Collocation:
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
Page 18 of 31
5: Fails to comply with applicable codes and the applicable provisions of this Part.
1. Notwithstanding anything to the contrary containe u herein, the City may reserve space
on City Utility Poles for future public safety uses. f replacement of a City Utility Pole
is necessary to accommodate the Collocation of he Small Wireless Facility and the
future public safety use, the pole replacement is s bject to the make-ready provisions
of this ordinance and the replaced pole shall acco odate the future public safety use.
m. A structure granted a permit and installed pursuant to this subsection 7.12.08.02 shall
comply with Chapter 333,Florida Statutes, and fe eral regulations pertaining to airport
airspace protections.
n. City approval or fees are not required for (i) routi a maintenance, (ii) replacement of
existing Wireless Facilities with substantially imilar Wireless Facilities, or (iii)
installation, placement, maintenance, or replacement of Micro Wireless Facilities that
are suspended on cables strung between existin Utility Poles in compliance with
applicable codes pertaining to a Communicatio n s Services Provider authorized to
occupy the Public Rights of-Way and who is remitting taxes under Chapter 202,Florida
Statutes.
(3) Collocation of Small Wireless Facilities on Ci Utility Poles. Collocation of small
Wireless Facilities on City Utility Poles is subject to th requirements in this subparagraph
7.12.08.02(3).
a. The City shall not enter into an exclusive arrange ent with any Person for the right to
attach equipment to City Utility Poles.
b. The rates and fees for Collocations on City Utili Poles shall be nondiscriminatory,
regardless of the services provided by the Collocaing person.
c. The City hereby levies, establishes, and sets an ual rate that shall be paid by all
those Applicants who file an Application to Collocate Small Wireless Facilities on City
Utility Poles in the amount of Three Hundred Do lars ($300.00) per pole per year per
Facility. The initial payment shall be made as a condition of the granting of the permit,
with remaining annual payments to be made in all subsequent years on the same date.
d. Agreements between the City and Wireless Providiers that are 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 subsection for Small Wireless Facilities
and Utility Poles that are the subject of an Application submitted after the rates, fees,
and terms become effective.
e. For a City Utility Pole that supports an aerial facility used to provide Communications
Services or electric service by another, the partie shall comply with the process for
make-ready work under 47 U.S.C.§224 and implementing regulations. The good faith
estimate of the person owning or controlling t e pole for any make-ready work
necessary to enable the pole to support the requ sted Collocation shall include pole
replacement if necessary.
f. For a City Utility Pole that does not support an aerial facility used to provide
Communications Services or electric service by another, the City shall provide a good
faith estimate for any make-ready work necessato enable the pole to support the
requested Collocation, including necessary pole replacement, within 60 days after
y
receipt of a complete Application. Make-ready w rk, including any pole replacement,
shall 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 m ke-ready estimate at the Applicant's
expense for the work necessary to support the Sfall Wireless Facility, including pole i
replacement, and perform the make-ready work. If pole replacement is required, the
scope of the make-ready estimate is limited to th design, fabrication, and installation
Page 19 of 31
of a Utility Pole that is substantially similar in color and composition. the City may
not condition or restrict the manner in which the Applicant obtains, develops, or
provides the estimate or conducts the make-ready work subject to usual construction
restoration standards for work in the Public Right-of-Way. The replaced or altered
Utility Pole shall remain the property of the City.
g. 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.
(4) Placement of Utility Poles by Wireless Infrastructure Providers in the Public Rights-of-
Way in Support of Collocation of Small Wireless Facilities. A Wireless Infrastructure
Provider may apply to the City to place Utility Poles in The Public Rights-of-Way to
support the Collocation of Small Wireless Facilities. The Application shall include an
attestation that Small Wireless Facilities will be Collocated on the Utility Pole or structure
and will be used by a Wireless Services Provider to provide service within nine(9)months
after the date the Application is approved by the City. The City shall accept and process
the Application in accordance with (i) the applicable timeframes contained in subsection
7.12.08.02(2), and(ii) any applicable codes and other local codes governing the placement
of Utility Poles in The Public Rights-of-Way, including but not limited to the provisions
of Section 7.12.06,provisions applicable to telecommunications towers set forth in Section
7.09.23, Part 11.08.00, Section 12.02.08.01, and Part 13.02.00 of the City of Zephyrhills,
Florida Land Development Code, and applicable historic preservation provisions and
requirements set forth in the City Code, as amended from time to time.
(5)Requirements for Wireless and Communications Facilities. Wireless and Communications
Facilities may not be placed in the Public Rights-of-Way unless it meets the following
requirements:
a. Any Application or proposal to locate equipment at ground level on or adjacent to a
pole or tower and any Application or proposal to locate elevated equipment(other than
Antennas) on or adjacent to the exterior of a tower or pole that asserts that such cannot
be accomplished by undergrounding such,and if not undergrounded then in accordance
with the concealment and Stealth Design requirements of this Part, may request an
exemption to such requirements, and such Application or proposal shall include Florida
professional engineering certified documentation demonstrating to the satisfaction of
the City that the proposed equipment cannot employ Stealth Design and cannot be
concealed as required by this Part, and that the proposed equipment, and location and
configuration of such, constitute the minimum equipment necessary and are the least
obtrusive as is possible to achieve needed function. In order to avoid the clustering of
multiple items of approved ground equipment or elevated equipment in a single area,
only one equipment box may be located in any single location. Where a Registrant
demonstrates that undergrounding and Stealth Design and concealment cannot be
employed under this subsection and the City agrees with such demonstration, the
individual approved exterior equipment boxes or containment devices shall not exceed
12 cubic feet in volume and the configuration and dimensions of such shall be the least
visually obtrusive as possible. The use of foliage and vegetation or other concealment
method around any approved equipment may be required by the City based on
conditions of the specific area where the equipment is to be located.
b. Insofar as Wireless Facilities are constructed underground, the Wireless Infrastructure
Provider shall become a member of, and maintain membership in Florida utility
notification one call system. Wireless Facilities shall have five (5) foot horizontal
clearance from other underground utilities and their appurtenances.
c. Objective design standards. Wireless Facilities shall meet the following reasonable
location, context, color, Stealth, and concealment requirements. Design standards may
be waived by City if the City determines that the design standards are not reasonably
compatible for the particular location of a wireless facility or that the design standards
Page 20 of 31
1
. • impose excessive expense in relation to the aesthe lie concerns of the City. The waiver
shall be granted or denied within 45 days after the late of the request.
1. Any above-ground Wireless Facilities shall meet Stealth Design requirements.
2. Wireless Facilities may increase the height of a metal street light pole only if the
Antenna is top-mounted and not wider than the pole or if the Antenna is hidden in
a cylinder that appears like an original part of t#e pole. A cellular Antenna shall not
extend more than 10 feet above the Utility Pole Iior structure upon which the wireless
facility is to be Collocated and shall be shorter if the height of the Utility Pole
requires a shorter Antenna height so that the structure as a whole is proportionate.
3. A new Utility Pole that replaces an existing U[tility Pole shall be required to meet
all requirements herein relating to new Utility Ploles and shall not simply be allowed
to match the characteristics of the existing Utility Pole being removed.
4. The Antennas and related equipment shall be in a color that will provide the most
camouflage, as determined by the City. Ground based Wireless Facilities shall be
painted forest green, unless determined otherwise by the City. When on a black
pole,Wireless Facilities shall be painted black,unless determined otherwise by the
City.
5. Antennas shall be hidden within the Utility P le or appear like an original part of
the Utility Pole.
• 6. All Wireless Facilities and related equipment, other than Antennas, shall be placed
underground in order, without limitation, to avoid impeding pedestrian travel, to
avoid providing a target for graffiti or a moun,ing place for unauthorized signs, to
minimize danger to the public, and to preserve and enhance the aesthetic qualities
of the City.
7. Wires serving the Wireless Facilities shall be concealed within or flush mounted to
the pole on which the facilities are Collocated and insulated in accordance with
applicable codes.
8. The photographs attached as exhibits to this art provide conceptual examples of
acceptable, acceptable with modifications, d prohibited Wireless Facilities.
Because of rapid advances in Stealth wireless}technology and techniques, the City
Council is authorized to identify by resolutioother forms of acceptable Wireless
Facilities that are consistent and compatible ith the aesthetic, safety, and other
standards set forth in this Part as well as prohibited Wireless Facilities.
i9. Antennas placed upon structures within the Public Rights-of-Way shall meet the
following additional requirements if Stealth esign, concealment, and this Part's
requirements regarding such cannot be met:
i. Top mounted Antennas and their enclos ares shall not extend the diameter of
the supporting structure at the level ofAnIt
enna attachment; and
ii. Side-mounted Antennas and their enclosures shall be flush-mounted to the
supporting structure at the level of Antenna attachment. Under no
circumstances shall Antennas be mounted less than 12 feet above ground level.
10. New or replacement poles that support wireless or Communications Facilities shall
match the style, design, and color of the UtilitPoles in the surrounding area.
11. The size and height of new wireless or Counications Facilities in the Public
Rights-of-Way shall be no greater than the m ximum size and height of any other
1.
utility or light poles located in the same portio of the Right-of-Way within the City
other than a Utility Pole for which a waiver ha previously been granted,measured
from grade in place within 500 feet of the pro osed location of the small wireless
facility. If there is no Utility Pole within 500 feet,the height of the Utility Pole shall
Page 21 of31
be limited to 50 feet, unless the City determines that a lower height.is warranted
given the location context for compatibility with existing or planned development
within the vicinity of the proposed location or other provision of this Part warrants
such; provided however, that Registrants proposing wireless or Communications
Facilities with Antennas to be located on existing poles or other structures may
increase the height of the existing pole or other structure up to six feet,if necessary,
to avoid adversely affecting existing pole attachments; and provided further that the
overall height above ground of any wireless or communications facility shall not
exceed 40 feet or exceed the existing height of other utility or light poles located in
the same portion of the Right-of-Way, whichever height is less.
d. Wireless and Communications Facilities shall be located at least 10 feet from a
driveway, at least 10 feet from the edge of existing trees 12 inches or greater in
diameter, at least 25 feet from a traffic signal pole unless mounted upon such traffic
signal pole, and at least 15 feet from any pedestrian ramp and 8 feet from the street
curb. The City may require greater setbacks from these and other fixtures in the Right-
of-Way to ensure proper sight lines for public safety purposes and in other cases as
deemed necessary to advance the purposes of this Part.
e. If the Right-of-Way is within or abuts a residential zoning district, wireless
Communication Facilities shall be located where the shared property line between two
residential parcels intersects the Right-of-Way, whenever possible unless an unsafe
condition, cluttered appearance, or other violation of this Part would result.
f. If the Right-of-Way is within or abuts a nonresidential district,Wireless Facilities shall
be located between tenant spaces or adjoining properties where their shared property
lines intersect the Right-of-Way, whenever possible, unless an unsafe condition,
cluttered appearance, or other violation of this Part would result.
g. The City may waive any requirement under this section if the City determines that such
requirement is not reasonably compatible for the location of a small wireless facility or
that such requirement imposes an excessive expense, or where the waiver serves the
intent or purposes of this Part. The waiver shall be granted or denied within 45 days
after the date of the request.
(6) Application and Enforcement of Historic Preservation Zoning Regulations. Consistent
with 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), and the National Historic Preservation
Act of 1966, as amended, this subsection 7.12.08.02 is subject to the provisions of Part
3.03.00, of the City of Zephyrhills, Florida Land Development Code,pertaining to historic
preservation.
(7) Prohibited Collocations, Attachments, Installations, and Services Not Authorized. This
subsection 7.12.08.02 does not authorize and prohibits the matters set forth in this
subparagraph (7).
a. No Person shall 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.
b. Any Collocation or attachment of 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 which has the consent of
the property owner, must adhere to the Registration, Application, Location, Design,
Stealth, and other applicable requirements of this Ordinance.
c. The approval of the installation, placement, maintenance, or operation of a Small
Wireless Facility pursuant to this subsection 7.12.08.02 does not authorize the
provision of any voice, data, or Video Services or the installation, placement,
Page 22 of 31
maintenance,or operation of any Communications Facilities other than Small Wireless
Facilities in The Public Right-of-Way.
d. This subsection 7.12.08.02 does not affect provisions relating to Pass-Through
Providers contained in this Part and contained in `ection 337.401(6), Florida Statutes,
as amended from time to time.
e. This subsection 7.12.08.02 does not apply to the installation, placement, maintenance,
or replacement of Micro Wireless Facilities on any existing and duly authorized aerial
Communications Facilities, provided that once aerial Facilities are converted to
underground facilities, any such Collocation or construction shall be only as provided
by the City's underground utilities ordinance.
f. No Person shall Collocate Small Wireless Facilities or Micro Wireless Facilities on a
City Utility Pole or erect a Wireless Support Structure in a location subject to
covenants, conditions, restrictions, articles of incorporation, and bylaws of a
homeowners' association. This paragraph does not apply to the installation,placement,
maintenance, or replacement of Micro Wireless Facilities on any existing and duly
authorized aerial Communications Facilities.
7.12.09. - Revocation or Suspension of Right-of-Way Use Permits.
Subject to Section 7.12.11, the City may revoke any 'ght-of-Way Use Permit currently
issued to a Communications Services Provider for work in the Public Rights-of-Way or suspend
the issuance of Right-of-Way Use Permits in the future to a Communications Services Provider
for, in addition to any other circumstances provided for in this Part, one or more of the following
reasons,upon reasonable notice thereof and an opportunity to cure:
(a) a violation of permit conditions,including conditions set forth in the permit,this Part,and other
applicable codes or regulations governing the placement or maintenance of Communications
Facilities in the Public Rights-of-Way;
(b) a misrepresentation or fraud made or committed on the p of the Communications Services
Provider in the Registration process or in the Application for a Right-of-Way Use Permit;
(c) the failure to properly renew the Registration or the ineffectiveness of Registration; or
(d) the failure to relocate or remove Communications Facili ies as may be required by the City
pursuant to this Part.
7.12.10.- Involuntary Termination of Registration.
7.12.10.01 The City may terminate a Registration 'f:
(1) a federal or state authority suspends, denies, or red okes a Communications Services
Provider's certification or license to provide Communications Services;
(2) the Communications Services Provider'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 Communications Services Provider fails
to remedy the danger promptly after receipt of written notice thereof;
(3) the Communications Services Provider ceases to use all of its Communications Facilities
in the Public Rights-of-Way and has not complied with Section 7.12.21 of this Part; or
(4) the Communications Services Provider fails to comply with any of the rules, regulations
or general conditions set forth in Section 7.12.06 of this Part.
7.12.10.02 Prior to termination of a Registration, the Communications Services
Provider shall be notified by the City in writing specifying the provisions of Subsection
7.12.10.01 applicable to the proposed termination. The Communications Services Provider
shall have 30 days after receipt of such notice within wl ch to eliminate the reason or within
which to present a plan, satisfactory to the City, to acco plish the same. If not eliminated or
if the plan presented is rejected,the Planning Director or his/her designee and the Public Works
Page 23 of31
Director or his/her designee shall provide written notice of such rejection tO the
Communications Services Provider and a final determination to terminate Registration.A final
determination to terminate Registration may be appealed in accordance with the procedures
set forth in Section 7.12.11.
7.12.10.03 In the event of termination of a Registration, following any appeal period,
the Communications Services Provider formerly Registered shall: (1) notify the City of the
assumption or anticipated assumption by another Registrant of ownership of the
Communications Services Provider's Facilities in Public Rights-of-Way or(2)provide the City
with an acceptable plan for disposition of its Communications Facilities in the Public Rights-
of-Way. If a Communications Services Provider fails to comply with this subsection, which
determination of non-compliance is subject to appeal as provided in Section 7.12.11, the City
may exercise any remedies or rights it has at law or in equity, including but not limited to
taking possession of the Facilities where another Person has not assumed the ownership or
physical control of the Facilities, or requiring the Communications Services Provider within
90 days of the termination, or such longer period as may be mutually agreed to between the
City and the Communications Services Provider,to remove some or all of the Communications
Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to their original
condition prior to such removal.
7.12.10.04 A Communications Services Provider whose Registration has been
terminated shall take such steps as are necessary to render safe every portion of the
Communications Facilities remaining in the Public Rights-of-Way.
7.12.10.05 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 Communications Services Provider 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 provision of such service, and who is
Registered with the City, if required.
7.12.10.06 The City's right to terminate a Registration shall be in addition to all other
rights of the City, whether reserved in this Part, or authorized by other law, and no action,
proceeding or exercise of the right to terminate Registration shall affect or preclude any other
right the City may have.
7.12.11. -Appeals.
Final determinations by the Planning and Public Works Departments denying an initial
Registration; denying an Application for renewal of a Registration; terminating a Registration; or
denying, revoking or suspending any Right-of-Way Use Permit are subject to appeal. A notice of
appeal of such decision may be filed with the City Manager or his/her designee within 30 days of
the date of the final written decision to be appealed. The City Manager or his/her designee shall
have 30 days from the date the appeal is filed to review the matter and render a written decision to
uphold or reverse the final decision made by the Planning and Public Works Departments. If the
City Manager or his/her designee upholds the final decision of the Planning and Public Works
Departments, the appellant may file a notice of appeal with the City Clerk within 30 days of the
date of the written decision of the City Manager or his/her designee. The City Clerk shall set the
matter for hearing before the City Council at any regular meeting of City Council scheduled within
45 days of the date that the notice of appeal is filed with the City Clerk, unless waived by the
Communications Services Provider. A ruling may be made at the hearing or at the next regularly
scheduled City Council meeting and the Communications Services Provider shall be notified of
the decision in writing within 30 days thereof. Where a notice of appeal to the City Manager or
the City Clerk is not timely filed as provided herein, such right to appeal shall be waived.
7.12.12.—Fees Applicable to Persons Not Subject to Communications Services Tax.
While the Florida Legislature has prohibited municipalities from requiring providers of
communications services who have registered with the Florida Department of Revenue from
having to enter into franchise agreements or license arrangements as a condition to placing or
maintaining Communications Facilities in the Public Rights-of-Way, the City expressly reserves
the right to require the payment of consideration or regulatory fees by Persons using or occupying
Page 24 of 31
the Public Rights-of-Way in other capacities. The City resery s the right to require such payments
based on the type of user and to the extent provided in this setion.
7.12.12.01 Dealer. Except as provided in subpara aph (16) of subsection 7.12.06.02,
a Communications Services Provider who meets the deInition of Dealer as set forth in this
Part and who has Registered in accordance with Section 7.12.04 is not required to enter into a
franchise agreement or license arrangement with the pity as a condition to placing or
maintaining Communications Facilities in the Public Riis-of-Way, nor is a Dealer required
to make payment of any franchise fees, license fees or other user fees to the City as
consideration for the use or occupancy of the Public Rights-of-Way for the provision of
Communication Services.
7.12.12.02 Pass-through Provider and Pass Through Facilities. A Communications
Services Provider who meets the definition of Pass-through Provider as set forth in this Part,
shall pay the City the maximum annual amount allowed under Section 337.401(6)(b), Florida
Statutes, as amended. For purposes of calculating paymeits hereunder, each separate pole or
tower installed or maintained by a Pass-Through Provider for purposes of supporting Antennae
for other over-the-air radio transmission or reception equipment In The Public Rights-of-Way
shall comprise a separate Communications Facility subject to assessment of a separate permit
fee in the amount of Five Hundred Dollars ($500.00)per linear mile, or portion thereof, or the
maximum amount allowed under Section 337.401(6)(b), lorida Statutes,whichever is higher.
The annual amount referred to above shall be due and payable on October 1 of every year. The
initial payment thereof shall be due within 30 days of the k.doption of this Ordinance. Fees not
paid within 10 days after the due date shall bear interest at the rate of one 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 acknowledgment that the amount paid is the correct amount due,
nor shall such acceptance of payment be construed as a release of any claim which the City
may have for additional sums due and payable or autho zation to install any facilities in the
Public Rights-of-Way.
7.12.12.03 Other Persons. All other Persons, exc pt Governments, shall pay the City,
as consideration for the use or occupancy of the Public .ghts-of-Way for the placement or
maintenance of Communications Facilities, an amount based on and in accordance with
subsection 7.12.12.02 of this Part.
7.12.01.04 Government. A Government is not re uired to pay the City consideration
for the use or occupancy of the Public Rights-of-Way f r the placement or maintenance of
Communications Facilities, unless such Facilities are b I'ng used by such Government or a
Communications Services Provider, including Resellers, to offer or provide Communication
Services other than for such Government's internal non- ommercial use, in which event the
Government, where not subject to the City of Zephyrhi Is' Local Communications Services
Tax imposed pursuant to Sections 202.19 and 202.20, Fl rida Statutes, shall pay the City, as
consideration for the use or occupancy of the Public Right.-of-Way,by or through its Facilities
placed therein after October 1, 2017, an amount based o and in accordance with subsection
7.12.12.02 of this Part or such other amount or rate of co pensation as mutually agreed to in
writing by the Government and the City.
7.12.13. -Existing Communications Facility.
A Communications Services Provider with a Facility ifi the Public Rights-of-Way as of the
effective date of this Part, shall comply with the provisions of this Part within ninety(90) days of
ii--III adoption thereof, including, but not limited to, Registration, or the same shall be in violation of
this Part.
7.12.14. - Insurance.
7.12.14.01 At all times during the use or occupancy of the Public Rights-of-Way,
including any time during placement or maintenance of Communications Facilities, the
Communications Services Provider shall obtain, pay all premiums for, and maintain
satisfactory to the City the types of insurance policies and coverage limits described in this
Section 7.12.14. Nothing contained in this Part shall limit a Communications Services
Page 25 of 31
Provider's liability to the City to the limits of insurance certified or carried. The following
coverages shall be provided:
(1) Commercial general liability insurance valid in the State of Florida, including contractual
liability and products completed operations liability coverage on an occurrence basis,
which policy limit shall be in an amount not less than One Million Dollars ($1,000,000)
per occurrence, combined single limit, for bodily injury, personal injury or death, or
property damage and in an amount not less than Two Million Dollars ($2,000,000) policy
aggregate for each personal injury liability, broad form property damage (without XCU
exclusions), contractual liability and products-completed operations liability;
(2) Business automobile liability insurance valid in the State of Florida, which policy limit
shall be in an amount not less than One Million Dollars($1,000,000)combined single limit,
including bodily injury and property damage covering owned,leased,hired and non-owned
vehicles;
(3) Workers' Compensation valid in the State of Florida, which policy limit shall be in an
amount not less than the statutory limit for Workers' Compensation; and
(4) Employer's liability insurance valid in the State of Florida, which policy limit shall be in
an amount not less than One Million Dollars ($1,000,000) for each accident for employer's
liability.
7.12.14.02 All insurance providers used shall be admitted and duly authorized to do
business in the State of Florida and shall have assigned by A. M. Best Company a minimum
Financial Strength Rating of"A" and a minimum Financial Size Category of"IX" (i.e., a size
of$250,000,000 to $500,000,000 based on capital, surplus, and conditional reserve funds).
Insurance policies and certificates issued by non-admitted insurance companies are not
acceptable. All liability policies shall name the City, its council members, officers, and
employees as additional insureds with respect to any covered liability arising out of the
placement or maintenance of Communications Facilities in the Public Rights-of-Way or other
activities under this Part. Each Communications Services Provider shall furnish annually to
the City certificates showing proof of all required insurance coverage. All liability coverage
shall be in occurrence form and in accordance with the limits specified. Claims made policies
are not acceptable.No insurance policy shall be canceled,nor shall the occurrence or aggregate
limits set forth herein be reduced, until the City has received at least 30 days' advance written
notice by registered, certified or regular mail or facsimile of any cancellation, intent not to
renew or reduction in policy coverage. Each Communications Services Provider shall be
responsible for notifying the City of such cancellation, intent not to renew or reduction in
coverage. All Certificate(s) of Insurance, including all endorsements and riders, evidencing
insurance coverage shall be submitted to the City within 30 days after the date of registration
with the City in order for a Communications Services Provider to obtain Right-of-Way Use
Permits required for construction in the Public Rights-of-Way.Each Communications Services
Provider shall, in the event of any such notice described above, obtain, pay all premiums for,
and file with the City, written evidence of the issuance of replacement policies within 30 days
following receipt by the City or the Communications Services Provider of such notice.
7.12.14.03 Each Certificate(s) of Insurance form shall be properly executed by the
authorized representative of the insurance provider and shall include all endorsements, riders
and notices. Each Communications Services Provider shall file and maintain with the City on
an annual basis the required Certificate(s) of Insurance. The Certificate(s) of Insurance shall
indicate the following:
(1) the policy number; name of insurance company; name and address of the agent or
authorized representative; name and address of insured; that the policy coverage "pertains
to the requirements of Section 7.12.14 of the Zephyrhills Communications Right-of-Way
Utilization Ordinance;" policy expiration date; and specific coverage amounts;
(2) any applicable deductibles or self-insured retentions;
(3) that the City, its council members, officers and employees are additional insureds;
Page 26of31
(4) that the City shall receive 30 days' advance written otice of cancellation, intent not to
renew or reduction in coverage; and
(5) that the commercial general liability insurance policy i primary as respects any other valid
or collectible insurance that the City may possess, incl ding any self-insured retentions the
City may have; and any other insurance the City doe possess shall be considered excess
insurance only and shall not be required to contribute ith this insurance.
7.12.14.04 Under extraordinary circumstances, a Communications Services Provider
may satisfy the insurance requirements of this Part by providing documentation of self-
insurance that, in the sole discretion of the City Manag: or his/her designee, demonstrates
incontrovertibly the adequacy to defend and cover claims of any nature that might arise from
the placement and maintenance of Facilities in the Public Rights-of-Way. The
Communications Services Provider shall be authorized as a self-insurer by the Department of
Insurance under the laws of the State of Florida.
7.12.15. -Indemnification.
7.12.15.01 Except with respect to the willful misconduct, negligence or gross
negligence of the City, a Communications Services Pro der, by act of Registering with the
City as such, shall be obligated, at its sole cost and exp-nse, to defend, indemnify and hold
harmless the City, its officials, council members, agents .nd employees from and against any
and all claims, suits, causes of action, proceedings, liabi 'ties and judgments for damages or
equitable relief, and the costs and expenses arising out of Ior in connection with the placement
or maintenance of its Communications Facilities in the Public Rights-of-Way by the
Communications Services Provider or its agent or hir d contractor. This indemnification
provision shall include,but not be limited to, such damages and penalties arising out of claims
(1)by any Person whatsoever on account of(i)bodily injry to a person or persons, (ii) death
of a person or persons or (iii) property damage, where any of the foregoing is occasioned by
the operations of the Communications Services Provider, or alleged to have been so caused or
occurred or (2) involving the Communications Services rovider's violation of any easement
or private property rights.
7.12.15.02 Nothing in this Section shall prohibi the City from participating in the
defense of any litigation by its own counsel if in the Ci 's reasonable belief there exists or
may exist a conflict, potential conflict or appearance of a onflict.
7.12.15.03 Indemnified costs and expenses shall i dude,but not be limited to, all out-
of-pocket expenses and reasonable attorneys' fees in defe ding against any such claim, suit or
proceeding, and shall also include the reasonable value f any services rendered by the City
Attorney or his assistants or any consultants, agents and mployees of the City. The City will
attempt to notify the Communications Services Provider, in writing, within a reasonable time
of the City's receiving notice of any issue it determines m y require indemnification.
7.12.15.04 Nothing contained in this subsection shall be construed or interpreted: (1)
as denying the City, the, Communications Services PPAder or any Person any remedy or
defense available to them under the laws of the State of Florida;or(2) as a waiver of sovereign
immunity beyond the limitations provided in Section 768.28, Florida Statutes, as it may be
amended.
7.12.15.05 The indemnification requirements of his section shall survive and be in
effect after the termination or cancellation of a Registration.
7.12.16.- Construction Bond.
7.12.16.01 Prior to issuance of any Right-of-Way Use Permit where the type of work
allowed under the permit will require restoration •f the Public Rights-of-Way, the
Communications Services Provider,or the contractor performing such work on its behalf,shall
obtain,pay for and file with the City a construction bond. e construction bond shall serve to
guarantee the timeliness and quality of the construction and restoration work and to secure,
and enable the City to recover, all costs related to the restoration of the Public Rights-of-Way
in the event the Communications Services Provider o its contractor fails to make such
Page 27 of 31
restoration to the City's satisfaction or causes damage to the Public Rights-of-Way during
construction. The construction bond shall name the City as Obligee and be in the face amount
of Fifteen Thousand Dollars ($15,000), conditioned upon the full and faithful completion of
construction and restoration of the Public Rights-of-Way to its original condition. Six (6)
months following completion and inspection of the restoration of the Public Rights-of-Way
satisfactory to the City, the Communications Services Provider or its contractor, as the case
may be, may reduce the face amount of the construction bond to Five Thousand Dollars
($5,000) and, thereafter, may allow the bond to lapse in accordance with its terms. However,
for any subsequent work in the Public Rights-of-Way, the Communications Services Provider
or its contractor shall be required to replenish any existing construction bond or provide a new
construction bond in the face amount of Fifteen Thousand Dollars ($15,000). The construction
bond shall be in a form acceptable to the City Attorney and shall be issued by a surety having
a rating reasonably acceptable to the City and authorized by the Florida Department of
Insurance to issue surety bonds in this state.
7.12.16.02 The construction bond required under this Section shall be issued as non-
cancelable and be for a term of not less than 12 months. In the event the term of any
construction bond expires, or is reasonably expected to expire, prior to the completion of
construction, restoration and City inspection, the Communications Services Provider, or the
contractor acting on its behalf, shall immediately obtain, pay for, and file with the City a
replacement bond.
7.12.16.03 The requirement of a construction bond is not in lieu of any additional bonds
that may be required under this Part or through the permitting process. The City's right to
recover under the construction bond shall be in addition to all other rights of the City, whether
reserved in this Part, or authorized by other law, and no action, proceeding or exercise of a
right with respect to the construction bond shall affect or preclude any other right the City may
have.
7.12.17. - Performance Bond.
7.12.17.01 Before any Communications Services Provider begins the placement or
maintenance of an initial build, any substantial rebuild, upgrade or extension of its
Communications System, or when construction plans show that there would be at least 1,000
feet of open trenching in the Public Rights-of-Way at any given time, the Communications
Services Provider shall obtain, pay for, and file with the City a performance bond. The
performance bond shall name the City as Obligee and be in the face amount of Two Hundred
Fifty Thousand Dollars ($250,000), conditioned upon the full and faithful compliance by the
Communications Services Provider with all requirements, duties and obligations imposed by
the provisions of the City of Zephyrhills Communications Right-of-Way Utilization Ordinance
during, and through completion of, the placement or maintenance project. The performance
bond shall be in a form acceptable to the City Attorney and shall be issued by a surety having
a rating reasonably acceptable to the City and authorized by the Florida Department of
Insurance to issue performance bonds in this state.
7.12.17.02 The performance bond required under this section shall be issued as non-
cancelable and be for a term consistent with the reasonably expected duration of the particular
placement or maintenance project (including restoration and City inspection), but in no event
less than 18 months. In the event the term of any performance bond expires, or is reasonably
expected to expire,prior to the completion of such placement or maintenance project,including
restoration and City inspection, the Communications Services Provider shall immediately
obtain,pay for, and file with the City a replacement bond.
7.12.17.03 The requirement of a performance bond is not in lieu of any additional
bonds that may be required under this Part or through the permitting process. The City's right
to recover under the performance bond shall be in addition to all other rights of the City,
whether reserved in this Part, or authorized by other law, and no action,proceeding or exercise
of a right with respect to the performance bond will affect or preclude any other right the City
may have. Any proceeds recovered under the performance bond may be used to reimburse the
City for such additional expenses as may be incurred by the City as a result of the
Communications Services Provider's failure to comply with the responsibilities imposed by
Page 28 of 31
I
I
this Part,'including, but not limited to, attorney's fees an costs of any action or proceeding,
and the cost of removal or abandonment of any property.
7.12.18. - Security Fund.
Every Communications Services Provider shall m e a Twenty-Five Thousand Dollar
($25,000) cash deposit or shall file with the City an irrevocable letter of credit or acceptable
equivalent in the same amount, which shall serve, and be refdrred to, as the "Security Fund." The
Security Fund shall be conditioned upon the full and faithful compliance with and performance by
the Communications Services Provider of all requirements, d ties and obligations imposed by the
provisions of the City of Zephyrhills Communications Right of-Way Utilization Ordinance at all
times. The letter of credit shall be in a form and issued by institution acceptable to the City
Manager, or his/her designee. Should the City draw upon t e Security Fund, it shall promptly
notify the Communications Services Provider, and the Counications Services Provider shall
promptly restore the cash deposit or letter of credit to the full amount. The Security Fund shall be
maintained until the later of (a) the effective date of tr nsfer, sale or assignment by the
Communications Services Provider of all its Facilities in The Public Rights-of-Way, (b) 12 months
after the removal or abandonment by the Communications Seprices Provider of all of its Facilities
in the Public Rights-of-Way or (c) six (6) months after the tehnination of Registration, including
any appeals undertaken pursuant to Section 7.12.11 of this art. Upon the later of the aforesaid
events, the cash deposit shall be returned without interest or e letter of credit may be cancelled.
In the event a Communications Services Provider fails to perform any requirement, duty or
obligation imposed upon it by the provisions of this Part, th re shall be recoverable,jointly and
severally from the Security Fund, any damages or loss suffe ed by the City as a result, including
the full amount of any compensation, indemnification 4 r cost of removal, relocation or
abandonment of any Facilities in Public Rights-of-Way,plus reasonable allowance for attorneys'
fees,up to the full amount of the Security Fund.
7.12.19. - Enforcement.
7.12.19.01 No provision of this Part shall be deem d to bar the right of the City to seek
or obtain judicial relief from a violation of any provi ions of this Part, the Registration
provisions, or any rule, regulation or general conditio provided for hereunder, whether
administratively,judicially or both. Neither the existence of other remedies identified in this
Part nor the exercise thereof shall be deemed to bar or of erwise limit the right of the City to
recover fines,penalties or monetary damages (except wh re liquidated damages are otherwise
prescribed) for such violation by the Communication Services Provider. The remedies
available to the City shall be cumulative and in addition to,any other remedies provided by law
or equity. The laws of the State of Florida shall govern wIith respect to any proceeding in law
or equity pertaining to the enforcement of this Part or anY cause of action arising out of or in
connection herewith.
7.12.19.02 A Communications Services Provider's failure to comply with provisions of
this Part shall constitute a City Code violation and shall subject the Communications Service
Provider to the code enforcement provisions and procedures as provided in the City Code of
Ordinances.
7.12.19.03 In any proceeding before the City CouFcil where there exists an issue with
respect to a Communications Services Provider's perfo ance of its obligations pursuant to
this Part,the Communications Services Provider shall begiven the opportunity to provide such
information as it may have concerning its compliance wlith the terms and conditions of this
Part. The City may find a Communications Servicesprovider that does not demonstrate
compliance with the terms and conditions of this Part i . and apply any appropriate
remedy or remedies as authorized by this Part. In dete fining which remedy is appropriate,
the City Council shall take into consideration the nature of the violation, the Person bearing
the impact of the violation, the nature of the remedy equired in order to prevent further
violations, and such other matters as the City Council det rmines are appropriate to the public
interest.
7.12.19.04 The City Manager or his/her desi ee, Planning Director or his/her
designee, and Public Works Director or his/her ddsignee, shall be responsible for
Page 29 of 31
administration and enforcement of this Part, and are authorized to give any notice required
herein or by law.
7.12.19.05 Failure of the City to enforce any requirements of this Part shall not
constitute a waiver of the City's right to enforce that violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
7.12.20. -Abandonment of a Communications Facility.
7.12.20.01 Upon Abandonment of any Facility owned by a Communications Services
Provider in the Public Rights-of-Way, the Communications Services Provider shall notify the
City within 60 days.
7.12.20.02 The City may direct the Communications Services Provider, by written
notice, to remove all or any portion of any Abandoned Communications Facility at the
Communications Services Provider's sole expense, if the City determines that the Abandoned
Communications Facility's presence interferes with the public health, safety or welfare, which
shall include, but shall not be limited to, a determination that such Communications Facility:
(1) compromises safety at any time for any Public Rights-of-Way user; (2) compromises the
safety of other Persons performing placement or maintenance of Communications Facilities in
the Public Rights-of-Way; (3)prevents another Person from locating other Facilities in the area
of the Public Rights-of-Way where the Abandoned Communications Facility is located when
other alternative locations are not reasonably available; or(4) creates a maintenance condition
that is disruptive to the use of the Public Rights-of-Way.
7.12.20.03 If the Communications Services Provider fails to remove all or any portion
of an Abandoned Communications Facility as directed by the City within the time period
specified in the written notice, which time period shall be reasonable under the circumstances,
the City may perform such removal and charge the cost of the removal against the
Communications Services Provider.
7.12.20.04 In the event the City does not direct the removal of the Abandoned
Communications Facility, the Communications Services Provider, by issuing a notice of
Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any
portion of such abandoned Facility by the City or other Person, provided that the cost of the
alteration or removal is not borne by the Communications Services Provider.
7.12.21. - Reservation of Rights.
The City hereby expressly reserves the right:
(a) To exercise its municipal home rule powers, now or hereafter, to the fullest extent allowed by
law with regard to the access,use and regulation of the Public Rights-of-Way;
(b) To amend this Part as it shall find necessary in the lawful exercise of its municipal authority;
(c) To adopt or enact by resolution or ordinance, in addition to the provisions contained herein
and in any existing applicable ordinances, such additional reasonable regulations as City
Council finds necessary in the exercise of the City's police powers;
(d) To exercise the power of eminent domain, consistent with applicable federal and state law, to
acquire property that may include that property owned or leased by a Communications Services
Provider;
(e) To abandon portions of the Public Rights-of-Way within the proper exercise of its municipal
authority and without notice to nor the consent of any Communications Services Provider,
without liability for any costs, damages,loss or other expense to the Communications Services
Provider as a result of the City's abandonment of any Public Rights-of-Way;
(f) To place and maintain, and franchise or permit to be placed or maintained, sewer, gas, water,
electric, storm drainage, communications, and other types of facilities, cables or conduit, and
to do, and to permit to be done, any underground and overhead installation or improvement
Page 30 of 31
that maybe deemed necessary or proper by the City in the Public Rights-of-Way occupied by
any Communications Services Provider;
(g) To alter, change, or cause to be changed, the grading, installation, relocation, or width of any
Public Rights-of-Way within the City limits and within said limits as the same may from time
to time be altered; and
(h) To require a Reseller to Register in accordance with Section 7.12.04 to the extent such Reseller
wants the right to place or maintain Facilities in the Public Rights-of-Way.
Section 3. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 4. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 5. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re-lettered and the word"ordinance"may be changed to"section,""part,""article,"
"regulation,"or such other appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
the MThior.s Ordinance shall become effective upon passage on the second reading and signing by
ay
f E. P h
kip
The''ioregomg.�rslinance No. 1379-19 was read and passed on the first reading in an open and
N.r•
egular meeting bpie City Council of the City of Zephyrhills, Florida, on this 1 th day of March,
120k ,�.,..
'.E�ttestj �44r . / Ii
c-+ .: 1, Lori L. 1li.lhman, City Clerk L. • - A. Smi '! o cil President
The liokttmg Ordinance No. 1379-19 was read and passed on the second reading, following a
public liwiaoqi�pan open and regular meeting of the City Council of the City of Zephyrhills,
Floryla,toirthistiF of April, 2019.
hPtestir // ems. Amal� _ t
ddi
loci L. Hillmanf City Clerk Lane- . Smi , Council President
The fdtqtiei'OlOdfhance No. 1379-19 was approved by me this 8th day of April,2019.
G e Whitfie d, ayor
Approved as to legal form and legal content
" /
Matthew E. Maggard, Crfy Attorney
Page 31 of 31
EXHIBIT 1
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Exhibit 1. Example of a fluted pole with collocated wireless antennas. Actual application should
match City of Zephyrhills Light Pole Standards.
EXHIBIT 2
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Exhibit 2. Example of Collocation on a cobra-style light fixture. The antenna should be narrower
than, and in scale with the pole. In the event that the City of Zephyrhills transitions from cobra
lights to decorative lights. The applicant would need to remove its wireless facility within 30 days
upon notice that the City will replace the light pole and fixture.
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Exhibit 3.An antenna incorporated into, and hidden in the pole of top mounted,pedestrian scaled
light may be acceptable if the light pole and fixtures matched those already existing or allowed in
the City of Zephyrhills.
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Exhibit 4.Wireless facilities over, or within 20 feet of energized wires are prohibited within the
City of Zephyrhills.
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Exhibit 5. The antenna enclosure has a larger diameter than the pole, rendering it insufficiently
cloaked. This design is prohibited within the City of Zephyrhills
EXHIBIT 6
Exhibit 6. The antenna extends horizontally from the pole. This design is prohibited within the
City of Zephyrhills.
EXHIBIT 7
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Exhibit 7.Antennas on arms are prohibited within the City of Zephyrhills.
EXHIBIT 8
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Exhibit 8.The location context for this small cell monopole is not reasonable because it creates a
cluttered appearance. In addition, the antenna is larger than the diameter of the pole, lacks a pole
base of comparable volume, and is vertically out-of-scale to the existing streetlights.