TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Ordinance No. 2017-37, Third Reading, Petition No. TXT-16-121, Updating code language related to communication and wireless facilities to be consistent with Florida Statutes, Section 337.401 by creating Chapter 86 - Communication and Wireless Infrastructure Right-of-Way Utilization in the Administrative Code of the City of North Port, Florida and by amending Appendix A - Fee Structure.
Recommended Action
Approve Ordinance No. 2017-37, Petition No. TXT-16-121 for adoption.
Background Information
Due to changes from the State of Florida’s adoption of the “Advanced Wireless Infrastructure Deployment Act” many regulatory considerations with respect to communications systems from the City’s perspective are no longer viable, as the new State requirements preclude much of the municipal oversight on these facilities. However, the legislature did leave the ability for municipalities to regulate certain aspects of these facilities by requiring that they comply with “applicable codes”. “Applicable codes” as defined in Florida Statutes, Section 337.401(7)(b) includes local codes or ordinances adopted to implement the Act and objective design standards.
Public rights-of-way in the City of North Port are a physically limited resource that are necessary to the travel and transport of persons and property in the City. It is also understood that recent advances in wireless communications technology have resulted in a new generation of so-called micro-wireless or small scale cellular communication services. The demand for these services has grown exponentially in recent years, requiring continual technological upgrading of telecommunications equipment and services. These micro wireless systems may be located on existing towers, utility poles, and other similar structures, but will frequently be located on poles already constructed or enlarged within the City’s rights-of-way.
In crafting Ordinance 2017-37, care was given to ensure compliance with Florida Statutes and to be inclusive of any type of current or potential future technologies. Several model ordinances were used to inform the document to meet this goal. The intent of the Florida Legislature in adopting the Advance Wireless Infrastructure Deployment Act was to ensure that municipalities and counties treat providers of communications and wireless 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 rights-of-way. This ordinance anticipates such treatment.
With this objective in mind however, it is crucial that the use and occupancy of the public rights-of-way in North Port by the providers of communications and wireless services, be subject to regulations which will ensure minimal inconvenience to the public, coordinate users, maximize available space, reduce maintenance costs, and facilitate entry of an optimal number of providers of services in the public interest.
In meeting these needs, Ordinance 2017-37 creates regulations that generally accomplish the following:
(a) provides for the placement or maintenance of communications and micro wireless facilities in the public rights-of-way within the City limits;
(b) adopts and administers reasonable rules, regulations and general conditions not inconsistent with applicable state and federal law;
(c) manages the placement and maintenance of communications and wireless facilities in the public rights-of-way by all providers;
(d) minimizes disruption to the public rights-of-way;
(e) requires the restoration of the public rights-of-way to original condition; and
(f) minimizes the impact on surrounding areas by establishing standards for location, aesthetics and compatibility.
City Commission heard this Ordinance for the first time on First reading on December 12, 2017, then again for Second reading on January 10, 2018. Several changes were recommended, as well as direction provided to change certain sections of the ordinance, with a particular emphasis on Registration requirements. A representative of COMCAST Communications was also present at the Second Reading and provided suggested changes and Commission requested City Attorney to review these and other matters relative to the ordinance.
After Second reading, the City Attorney also provided the ordinance to an attorney with Gray Robinson for their review.
Attachment 1 is a memo with explanation of the direction provided to staff at the Commission meeting held in January. Attachment 2 - Ordinance No. 2017-37_Revisions Highlighted shows the revisions made through strikethrough and highlighted shading. Attachment 3 - is a clean copy of Ordinance No 2017-37
Strategic Plan
Maintained/Upgraded/Expanded City Infrastructure
Financially Responsible City Providing Quality Municipal Services
Financial Impact
Change in fee structure to include collocation of communication or wireless facilities on City-owned infrastructure. Ordinance includes fees for pass-through providers utilizing City-owned rights-of-way.
Procurement
N/A
Attachments:
1. Memo of Changes Made from Second Reading Direction
2. Ordinance No. 2017-37_Revisions Highlighted
3. Ordinance No 2017-37_ Clean Ordinance
4. TXT-16-121, Staff Report
Prepared by: Frank Miles, MPA and Nicole Galehouse, Senior Planner
Department Director: Scott Williams