TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Ordinance No. 2017-37, First 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 and continue Ordinance No. 2017-37, Petition No. TXT-16-121 for second reading on January 23, 2018.
Background Information
Due to the drastic changes from the State adoption of the Advanced Wireless Infrastructure Deployment Act, many of the regulatory considerations the City was considering are no longer viable. However, the State did leave the ability for municipalities to regulate certain aspects of these facilities by requiring that they comply with "applicable codes" (Exhibit B, p.5, Florida Statutes, Section 337.401(7)(d)2.). "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.
The public rights-of-way in the City of North Port are a physically limited resource that are critical to the travel and transport of persons and property in the City. It is understood that recent advances in wireless communications technology have resulted in a new generation of cellular communication services. The demand for these services has grown exponentially in recent years, requiring the continual upgrading of telecommunications equipment and services to satisfy such demand. These antennae may be located on existing towers, utility poles, and other similar structures, but will frequently be located on poles constructed or enlarged within the City's rights-of-way.
In crafting Ordinance 2017-37, care was given to ensure compliance wi...
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