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'...
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