Coversheet


CITY OF RIVIERA BEACH CITY COUNCIL AGENDA ITEM SUMMARY

Meeting Date:	9/27/2016
Agenda Category:

Subject:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, FLORIDA, AMENDING CHAPTER 10, ARTICLE VI ENTITLED “TELECOMMUNICATIONS REGULATIONS” OF THE CODE OF ORDINANCES BY RENAMING THE ARTICLE TO “PLACEMENT AND MAINTENANCE OF FACILITIES FOR COMMUNICATIONS SERVICES IN RIGHTS-OF-WAY”; UPDATING DEFINITIONS IN CONFORMANCE WITH STATE LAW; PROVIDING FOR WIRELESS COMMUNICATIONS FACILITIES; UPDATING AND REVISING THE REGISTRATION AND PERMITTING PROCESS; REQUIRING DESIGN FEATURES FOR CERTAIN ABOVE GROUND FACILITIES; PROVIDING PLACEMENT PARAMETERS FOR WIRELESS TELECOMMUNICATIONS FACILITIES IN RESIDENTIAL RIGHTS OF WAY; REVISING ADMINISTRATION AND ENFORCEMENT PROCEDURES; PROVIDING REGULATIONS FOR “PASS THROUGH PROVIDERS” IN ACCORDANCE WITH STATE LAW; PROVIDING FOR CONFLICTS, SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

Recommendation/Motion:

Staff is recommending that City Council approve the attached Ordinance.

Originating Dept	Community Development	Costs	$227.04
User Dept.	Community Development	Funding Source
Advertised	Yes	Budget Account Number
Date	9/11/16
Paper	Palm Beach Post
Affected Parties	Not Required

Background/Summary:

During the August 3, 2016 City Council Meeting, discussion ensued on the status of the Telecommunication Ordinance and at that time, the City Council requested that this item be brought back before the Council. The City Council last reviewed the proposed Ordinance on May 20, 2015. Please see attached meeting minutes for additional information on the history of this item (9 items). On October 23, 2014, the proposed Telecommunication Ordinance regulations were presented to the Planning and Zoning Board for review and approval. The Planning and Zoning Board unanimously recommended approval of the draft regulations.

In general, these proposed regulations:

create industry standard definitions;
establish requirements for wireless communication companies to register with the City;
identify location and height requirements for any new antennas, poles, or boxes planned to be placed within the City's public rights-of-way;
create design standards for any new wireless communication structures planned to be placed in the City's public rights-of-ways;
promote the collocation of new wireless communications structures on existing infrastructure;
establish a waiver process for the proposed regulations;
create guidelines for relocating and abandoning existing and future communications facilities;
create construction bond and security funds requirements;
require wireless communications that operate within the City to pay an annual fee to the City.

The proposed wireless communications facilities regulations as presented are consistent with Federal and State regulations. Additionally, the proposed wireless communications facilities regulations are consistent with and compatible with the City’s Comprehensive Plan and Code of Ordinances.

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III. Review Comments

A. Finance Department Comments:

B. Purchasing/Intergovernmental Relations/Grants Comments:

C. Department Director Review:

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ATTACHMENTS:
File Name	Description	Upload Date	Type
Telecommunications_Ordinance_Sept.8_2016(V2).pdf	Telecommunications Ordinance	9/12/2016	Ordinance
01_-_Creating_the_Moratorium_April_16_2014.pdf	Creating the Moratorium April 16 2014	9/12/2016	Backup Material
02_-_Passing_the_Moratorium_2nd_Reading_May_7_2014.pdf	Passing the Moratorium 2nd Reading May 7 2014	9/12/2016	Backup Material
03_-_Presenting_Regulations_to_the_P_Z_Board_October_23_2014.pdf	Presenting Regulations to the P&Z Board October 23 2014	9/12/2016	Backup Material
04_-_Presenting_Regulations_to_Council_December_3_2014_1st_Reading.pdf	Presenting Regulations to Council December 3 2014	9/12/2016	Backup Material
05_-_Presenting_Regulations_to_Council_December_17_2014_2nd_Reading_Tabled.pdf	Presenting Regulations to Council December 17 2014	9/12/2016	Backup Material
06_-_Presenting_Regulations_to_Council_January_7_2015_2nd_Reading_Failed.pdf	Presenting Regulations to Council January 7 2015	9/12/2016	Backup Material
07_-_Council_Requested_the_Regulations_to_Return_January_21_2015.pdf	Council Requested the Regulations to Return January 21 2015	9/12/2016	Backup Material
08_-_Presenting_revised_Regulations_to_Council_May_6_2015_1st_Reading.pdf	Presenting revised Regulations to Council May 6 2015	9/12/2016	Backup Material
09_-_Presenting_revised_Regulations_to_council_May_20_2015_2nd_Reading_Failed.pdf	Presenting revised Regulations to council May 20 2015	9/12/2016	Backup Material

REVIEWERS:
Department	Reviewer	Action	Date
City Manager	Monroe, Luecinda	Approved	9/22/2016 - 3:59 PM
City Manager	Answerer	Approved	9/22/2016 - 5:13 PM