TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: George Gretsas, City Manager
DATE: March 3, 2020
Title
ORDINANCE NO. 16-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 57. RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES BY AMENDING SUB-SECTION Q OF SECTION 57.05; UPDATING SECTION 57.02 DEFINITIONS; AMENDING SECTION 57.12 CONSTRUCTION BOND; REPEALING SECTION 57.13 SECURITY FUND; AND AMENDING THE CODE OF ORDINANCES BY ADOPTING AN ENTIRELY NEW CHAPTER 58. TO BE ENTITLED “RIGHT-OF-WAY APPLICATION PROCESS FOR SMALL WIRELESS FACILITIES” TO IMPLEMENT REGULATIONS SET FORTH IN THE “ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT”, CODIFIED AT SECTION 337.401(7), FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)
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Recommended Action:
Recommendation
Review and consider Ordinance No. 16-20 on First Reading.
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Background:
The Advanced Wireless Infrastructure Deployment Act (the “Act”) was adopted by the Florida Legislature on June 23, 2017, and became effective on July 1, 2017. The changes codified at Section 337.401 Florida Statutes, place certain limitations on local government authority to regulate wireless communications facilities within the public rights-of-way. The Act authorizes local governments to adopt various types of regulations governing wireless facilities in the rights-of-way, including but not limited to “objective design standards” that may require wireless facilities to “meet reasonable location context, color, stealth, and concealment requirements,” and “reasonable spacing and location requirements concerning the location of ground-mounted equipment”. The Act authorizes a municipality to adopt by ordinance reasonable and non-discriminatory provisions for insurance coverage, indemnifi...
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