4427 Standards for small wireless facilitiesOrdinance No. 4427
An Ordinance of the City of Sanford, Florida relating to wireless
communication facilities; establishing additional standards for small
wireless facilities in City owned right -of -way for City owned utility
poles in response to the enactment of Chapter 2017 -136, Laws of
Florida; providing for legislative findings and intent; providing for
implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for severability; providing
for codification as well as the correction of scrivener's errors and
providing for an effective date.
Whereas, on April 28, 2017 the Florida Legislature enacted Committee
Substitute for Committee Substitute for House Bill 687 (the so called "Advanced Wireless
Infrastructure Deployment Act ") which is now initially codified as Chapter 2017 -136, Laws
of Florida, which established a process by which wireless providers may place "small
wireless facilities" on, under, within, or adjacent to certain City owned utility poles or
wireless support structures within the City owned public rights -of -way; and
Whereas, based on the; action taken by the Florida Legislature in enacting
Chapter 2017 -136, Laws of Florida, on July 24, 2017 the City Commission enacted
Ordinance Number 4412, imposing a 90 -day wireless infrastructure moratorium which
moratorium has expired; and
Whereas, the purpose of the moratorium was to allow City staff adequate time
to analyze and propose the required design standards to meet reasonable location
context, color, stealth, and concealment requirements, and the opportunity to propose the
approval process and procedures, as may be necessary and appropriate, but the
development of appropriate regulations took a longer period of time than anticipated due
to the complexity of the technical and legal issue involved; and
Whereas, City staff has proposed those design standards and approval
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processes as stated within this Ordinance and recommends approval to the City
Commission; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes, and other applicable controlling law and
implements, at the local level, the provisions of Chapter 2017 -136, Laws of Florida; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance.
Now, therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the recitals (whereas clauses) set forth herein as the legislative and
administrative findings and intent of the City Commission.
Section 2. Additional Definitions; Addition Of Section 13.2; Land
Development RegulationslLand Development Code. The following definitions
are hereby added to Schedule "A," Section 2.0 (Glossary) of the City's Land Development
Regulations /Land Development Code and the provisions of a new Section 13.2 are
hereby added to Schedule "E," Land Development Regulations /Land Development Code
of the Code of Ordinances of the City of Sanford as follows:
(a). New Definitions within Schedule "A," Section 2.0, Land Development
RegulationslLand Development Code (all new text):
Parkway strip — The unpaved portion of the right -of -way between the back of curb and
the sidewalk. The parkway strip typically includes street light poles and lights, utility poles,
regulatory signage, traffic signal equipment and street trees. In some instances, a
streetscape zone and may not have a parkway strip.
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Pedestrian clear zone — The unencumbered paved, or sidewalk portion of the streetscape
zone inside the right -of -way. The pedestrian clear zone may or may not be separated
from the travel lane by a street furniture zone or parkway strip.
Street furniture zone — The paved portion of the streetscape zone typically located
between the back of the curb and the sidewalk. The street furniture zone typically includes
street light poles and lights, utility poles, regulatory signage, traffic signal equipment and
street trees. In some cases, a streetscape zone may not have a furniture zone.
Streetscape zone — The portion of a street between the back of curb and the adjacent
property lines, consisting of a sidewalk and a parkway strip or a street furniture zone.
Wireless communication facility — Any equipment or facility used for the transmission or
reception of wireless communications. This term includes but is not limited to wireless
support structure, antennas, cabling, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including distributed antenna
systems ( "DAS ") and small cell networks). For purposes of this definition, the term shall
not include communication towers.
Wireless infrastructure — As defined in Florida Statutes (Chapter 337).
Wireless provider - As defined in Florida Statutes (Chapter 337).
Wire less Services - As defined in Florida Statutes (Chapter 337).
Wireless Services Provider- As defined in Florida Statutes (Chapter 337).
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Wireless Support Structure - As defined in Florida Statutes (Chapter 337).
(b). New Section 13.2, Schedule "E," Land Development RegulationslLand
Development Code (all new text):
SECTION 13.2 . WIRELESS COMMUNICATION FACILITIES.
A. Purpose and Intent. The purpose of these Wireless Communication Facility
Regulations is to provide for the location of wireless communication facilities within the
City; to protect residential areas and land uses from potential adverse impact of wireless
communication facilities; to minimize adverse visual impact of wireless communication
facilities through careful design, siting, landscape screening and innovative camouflaging
techniques; to accommodate the growing need for wireless communication facilities; to
promote and encourage shared use /co- location of existing and new wireless
communication facilities as a primary option rather than constriction of additional facilities;
to promote the public health, safety, aesthetics and general welfare of the City by
providing for the placement or maintenance of wireless communication facilities on
privately -owned and publicly -owned property within the City; to promote the public health,
safety, aesthetics and general welfare of the City by providing for the placement or
maintenance of wireless communication facilities on private and public property and in
public rights -of -way and public easements within the City; to avoid potential damage to
adjacent properties from facilities failure through engineering and careful siting of wireless
facilities; to adopt and administer rules and regulation inconsistent with State and Federal
law, the City's home -rule authority, and in accordance with the provision of the Federal
Telecommunications Act of 9996 and other federal and state law; establishing reasonable
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rules and regulations necessary to manage the placement or maintenance of wireless
communications facilities in the public rights -of -way by all communications services
providers; and minimizing disruption to the public rights -of -way; and to promote safe
conditions in the public right -of -way for users in all modes of transportation, to include
pedestrians, bicycles and vehicles:
B. Within the City Limits the City, wireless communication facilities shall be permitted
on private roadways, and within city, county, and state public rights -of -way and public
easements, subject to the requirements of this Schedule.
C. All wireless communication facilities in /on private roadways and in public rights -of-
way and public easements shall be subject to the City's zoning and land use regulations,
and consistency with design requirements.
D. Co- location of wireless communication facilities is strongly encouraged. Where
multiple providers are seeking to locate in the same,geographic area, every effort should
be made to co- locate.
E. Wireless communication facilities attached to a permitted and legally installed and
maintained vertical structure in a private roadway or public right -of -way, such as a street
light pole or utility pole, is strongly encouraged, but still subject to the below design
standards.
F. Use and height requirements
1. Zoning and maximum heights. Wireless communication facilities shall be permitted
in the zoning districts indicated below, at the maximum heights indicated. The zoning of
the nearest adjacent property will apply to wireless communication facilities proposed in
a City, County, or State public right -of -way.
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Zoning District
Private Roadways
Public Rights-of-Way
SR -1AA, SR -1A, SR -1,
Not permitted, unless
Not permitted, unless
SR -2, MR -1, MR -2 and
applicant can
applicant can
MR -3 residential districts.
conclusively
conclusively
AG, Agriculture.
demonstrate to the
demonstrate to the
SC -3, Special
satisfaction of the City
satisfaction of the City
Commercial
that it cannot reasonably
that it cannot
PD, Planned
provide its wireless
reasonably provide its
Development with
service to the residential
wireless service to the
residential component.
area from outside of
residential area from
Any similar zoning district
zoning district.
outside of zoning
in adjoining jurisdictions.
district.
RMOI, Residential, Multi-
No higher than 10 feet
No higher than 10 feet
Family, Office,
above the utility pole or
above the utility pole or
Institutional, RC -1, GC -2,
support structure.*
support structure.*
RI-1, MI -2, PD, Planned
Development with
Commercial Component,
PD, Planned
Development with
industrial component.
Any similar zoning district
in adjoining jurisdictions
*A new utility pole can be no higher than the tallest existing utility pole located in
the right -of -way within 500 feet of the proposed location, or, 4f no utility pole
within 500 feet, no higher than 50 feet.
G. Permitted use in Planned Development (PD). Wireless communication facilities
shall be indicated as permitted use in a PD Master plan in order to be considered as
permitted on private and property pursuant to the above table.
H. Approval and Permitting Process
1. Registration. In accordance with Chapter 30 — Communications /Article II —
Communication Facilities in Right -of- Way /Sec. 30 -31 Registration of Communication
Service providers is required.
2. Public rights -of -way. Wireless communication facilities that comply with the
requirements of this Schedule may be installed and located within city, county, and state
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public rights -of -way and public easements within the city limits of the City of Sanford
through the rights -of -way permitting process.
3. Private Roadways. Wireless communication facilities that comply with the
requirements of this Schedule may be installed and located within private roadways that
contain or are adjacent to City utility easements through the right -of -way permitting
process subject to approval of the owner or property owners association.
4. Compliance with land development code. An existing or proposed wireless
communication facility on private roads or in public rights -of -way or public easements
shall only be constructed, utilized, and maintained in a manner consistent with the City of
Sanford Land Development Regulations.
5. Plan Requirements. In addition to the standard permit submittal
requirements, applicants for wireless communication facilities shall submit plans which
include the following; ,
a. Depict the area where the work shall be performed.
b. Indicate limits of right -of -way or roadway tracts and easements.
C. Depict and identify within a minimum of 75 feet of work all above ground
infrastructure and improvements, including without limitation, pavement, curb, sidewalks,
buildings, utility poles, etc. and all below ground infrastructure and utilities etc. within limits
of work.
d. Depict and identify within a minimum of 75 feet of work all existing landscaping
and vegetation.
e. Depict and identify all existing easements within limits of work and any additional
easement(s) acquired (e.g., access easement, temporary construction easement, or
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other easement) for construction of work. Easements must denote recording information.
f. Include a profile view of wireless communication facility demonstrating overall
height and compliance with the pole construction requirements, design requirements and
all other applicable requirements of this Schedule.
g. Indicate the city- assigned address on the plan and submit a copy of the address
assignment letter from the City of Sanford.
h. Depict and identify all wireless communication facilities located within a 1,000
radius measured for the center of the proposed wireless communication facility to the
center of any existing wireless communication facility. If none exist within the 1,000 foot
radius, the plans must denote this.
L Plan and profile drawings must depict and identify all proposed improvements for
the wireless communication facility.
j. Drawings must be a minimum 11 x 17 inches,, to a standard engineering scale, and
signed and sealed by a professional engineer.
k. Identification of the parcels consisting of the nearest adjacent property and the
zoning jurisdiction of such property.
I. The height size and type /material of existing utility poles on the same block -face
or for a 500 foot radius for new pole construction.
M. Support material requirements. Application for right -of -way utilizations permits
shall submit, at a minimum the following support materials:
i. A statement or statements certifying that the construction of wireless
communication facilities proposed to be located in the public rights -of -way will comply
with applicable standards as set forth in the Florida Building Code, the state of Florida
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Department of Transportation manual of uniform minimum standards for design,
construction and maintenance for streets and highways, Florida Department of
Transportation Utility Accommodation Manual and applicable electrical codes: and
describing the proposed wireless communication facilities' capacity to permit multiple
users, including an example of the number and type of antennas or other attachments
that can be accommodated on support structure. Any wireless communication facility
which exceeds its support structure's loading capacity, which causes any pole or structure
to exceed its loading capacity, or which does not conform to applicable electrical codes
shall not be permitted in the public rights -of -way or private roadways.
ii. For utilization of electric utility poles and facilities in city rights -of -way,
documentation of compliance with the requirements of the electric utility's franchise
agreement regarding facilities for other non- electric utility services or products.
iii. For wireless communication facilities proposed to be located in a county or state
right -of -way, a copy of the right -of -way utilization permit or authorization from the county
or state.
iv. For wireless communication facilities proposed to be located on private
roadways, a copy of the owner's or property owner association's authorization
I. Performance and construction standards for wireless communication facilities.
1. Any new proposal to construct Wireless Facilities or Wireless Support Structure
must first demonstrate why the services cannot be collocated on an existing wireless
facility, wireless support structure or utility pole.
2. Separation from off -site residential. No wireless communication facility shall be
permitted within seventy -five (75) feet of any off -site single family or multi- family
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residential principal structure. Documentation shall be submitted with any application for
permit approval to demonstrate conformance with the separation requirement.
3. Separation distance between wireless communication facilities.
The minimum separation distance between wireless communication facilities shall be one
thousand (1,000) feet. Separation distance shall be irrespective of jurisdiction or location
in rights -of -way or on parcels of land shall be measured by drawing or following a straight
line between the base of the existing wireless communication facility and the base of the
proposed facility. Documentation shall be submitted with any request for a wireless
communication facility to demonstrate conformance with the requirement for separation
distance between wireless communication facilities.
J. Types of pole construction. The following vertical pole structure may be used as
support structure for new wireless communication facilities, subject to compliance with
the requirements of this Schedule, to include the use and height requirements.
1. Utility poles.
a. Utility poles may be used as wireless communication facility support structure
when wireless communication facilities are added to an existing utility pole, or an existing
utility pole is replaced in order to support wireless communication facilities. In no instance
shall a wood utility pole be utilized for wireless communication facilities. The pole must
be upgraded to metal or another material acceptable to the City in order for the
infrastructure to be hidden from view.
b. Wireless communication facilities shall not be installed on existing, replacement,
or new wood utility poles.
C. New and replacement utility poles that support wireless communication facilities
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shall match the style, design, and color on non-wood utility poles in the surrounding area.
d. New utility poles shall not be permitted in areas that have street-scaping or
where the above-ground utilities have been removed or placed underground.
e. Where decorative street lights are the predominant fixture, utility poles that
support, wireless communication facilities shall match the style, design, and color of the
decorative streetlight poles.
2. Streetlights and on-site light poles.
a. Street lights in public rights-of-way and on-site light poles may be used as
Wireless communication facility support structure when wireless communication facilities
are added to an existing light pole, or an existing light pole is replace in order to support
wireless communication facilities.
b. Such street lights or on-site light poles shall continue to match the style, design
and color of existing street light poles on that particular street or particular parcel of land.
3. Stand-alone wireless communication facility support pole.
a. New poles designed specifically to support wireless communication facilities may
be used for wireless communication facilities.
b. For placement in public rights-of-way, an applicant must provide satisfactory
evidence to the city that no existing utility poles or streetlights can be reasonable used for
the wireless communication facility placement instead of the construction of a new, single
purpose support pole.
C. New wireless communication facility support poles shall be decorative
monopoles with a black finish.
4. Traffic signal poles
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a. In no instance shall a wireless communication facility be installed on a horizontal
structure to which signal lights or other traffic control devices are attached, whether
owned by the city, county or other agency.
K. Design Requirements. Wireless Facilities and Wireless Support Structure shall
meet the following design requirements.
1. Ground mounted equipment cabinet and battery backup cabinets shall be
permitted. The external finish of all ground mounted cabinets and associated hardware
shall be black.
2. Equipment cabinets or battery backup cabinets shall not be mounted to the
exterior of a pole.
3. Electric power and communication lines servicing wireless communication
facilities shall be located underground. Aerial connections shall be prohibited.
4: No exposed wiring or conduit is permitted. All conduit and wiring shall be located
inside the pole.
5. Exterior looping of excess cable length installed on any wireless communication
facility is prohibited.
6. Electric meters and disconnect switches shall not be located on the pole. All such
infrastructure shall be hidden in an equipment cabinet off the pole.
7. The grounding rod shall not extend above the top of the sidewalk and must be
placed in a pull box, and the ground wire between the pole and ground rod must be inside
an underground conduit.
8. All pull boxes must be vehicle load bearing, comply with FDOT standard
specification 635 and be listed on the FDOT approved products list. No new pull boxes
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may be located in pedestrian ramps.
9. No signals, lights or illumination shall be permitted on an antenna, except in the
case of a light pole to which such antenna is attached, unless required by applicable state
or federal laws or rules.
10. - For the purposes ,of emergency contact, the owner of the wireless
communication facility shall place one identification label on the equipment advising of
the name and contact telephone number of the owner of the wireless communication
facility.
11. FCC emissions standards. All personal wireless service facilities in the public
rights of -way shall comply with current radio frequency emissions standards of the
Federal Communications Commission.
L. Placement requirements
1. All wireless communication facilities and, accessory equipment shall be located to
avoid any physical or visual obstruction to pedestrian, bicycle, or vehicular traffic, or to
otherwise create safety hazards to pedestrian, bicyclists, or motorists.
2. When located within a public right -of -way or private street:
a. Depict the area where the work shall be performed.
b. Indicate limits of right -of -way or roadway tracts and easements.
C. Depict and identify within a minimum of 75 feet of work all above ground
d. Where available, wireless communication facilities shall be located in the parkway
strip or street furniture zone, as defined in Schedule A. When a parkway strip or street
furniture zone is available, wireless communication facilities shall not be located in the
pedestrian clear zone as defined in Schedule A. Wireless communications facilities in the
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parkway strip or street furniture zone shall generally be placed in the center of the
parkway strip or street furniture zone and shall meet minimum Florida Department of
Transportation and City of Sanford roadway setback requirements from the back of curb.
See Figure 1.
e. � Where there is no parkway strip or, street furniture zone, wireless communication
facilities shall maintain a minimum five (5) foot wide pedestrian clear zone between the
wireless communication facility and edge of sidewalk. See Figure 1
f. Wireless communication facilities shall be located at least ten (10) feet from the
edge of existing trees twelve (12) inches or greater in diameter at breast height.
g. When located in any other location that is adjacent to a sidewalk or pedestrian
way, a minimum five (5) foot wide pedestrian clear zone shall be maintained.
h. Wireless communication facilities shall be located at least ten (10) feet from a
driveway.
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Streetscape
Zone
i. Wireless communication facilities shall be set back a minimum of twenty -five (25)
feet from a traffic signal pole and a set back a minimum of fifteen (15) feet from any
pedestrian ramp.
j. Notwithstanding the above, the city may require greater setbacks from these and
other fixtures in the right -of -way to ensure proper sign lines for public safety purposes.
k. When adjacent principal use buildings are located within ten (10) feet of the right
of -way, wireless communication facilities shall be located between tenant spaces or
adjoining properties where their shared property line intersect the right -of -way.
M. Modification of existing wireless communication facilities. Co- location, removal, or
replacement of reception or transmission equipment for an existing wireless
communication facility shall be subject to a right -of -way utilization permit in public rights-
of-way or on private roadways, either of which shall include an administrative review for
compliance with this ordinance, provided the modification does not:
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1. Increase the height of the wireless communication facility such that it would
exceed the maximum height requirements of this Schedule.
2. Involve installation of more than the standard number of new equipment cabinets
for the technology involved, not to exceed a total of four cabinets.
3. Involve any excavation or deployment outside the current site of the wireless
communication facility.
4. Defeat the existing concealment elements of the wireless communication facility.
5. Violate conditions associated with the prior approval of the wireless
communication facility, except for addition of cabinets, or new excavation pursuant to the
allowance of this section.
N. Maintenance
1. All wireless communication facilities shall be maintained consistent with city
approvals, the requirements of the land development code, and in good repair, including
exterior finishes, surfaces and structures.
2. Routine maintenance not modifying the wireless communications facility from the
approved permitted drawings may be performed without a permit from the city.
3. Damaged poles or facilities shall be immediately repaired, removed, or replaced.
Within public- rights -of -way, in the event that damage to a wireless communication facility
poses a safety hazard to the public, the city has a right of removal at the owner's expense.
4. All safety practices require by applicable law or accepted industry practices and
standards shall be used during the placement or maintenance of communications
facilities and wireless communication facilities.
5. The use of any portion of a wireless communication facility or support pole for the
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posting of signs or for advertising purposes, including, but not limited to the display of
lights, banners and streamers, is strictly prohibited.
O. Waivers. Waivers related to the following situations for wireless communication
facilities located on private roadways or in rights -of -way may be granted by the
Administrative Official upon finding that such waiver would not be contrary to the public
interest:
1. To increase the maximum height of a wireless communication facility up to ten (10)
percent if the increased height:
a. Accommodates the co- location of antennas from more than one wireless
provider;
or
b. Improve transmission impacted by surrounding buildings or topography, provided
that there is adequate tree canopy to mitigate for the increase in height.
2. To decrease the separation distance requirement between wireless
communication facilities required in Section 13.2, L by up to ten (10) percent if:
a. An existing utility pole is being replace; or
b. Impediments such as a dense tree canopy or tall structure interfere with signal
transmission.
3. To reduce the design requirements in Section 13.2 K or the placement
requirements in Section 13.2, L when the Administrative Official finds the intent of the
division is better served by such waiver.
P. Compliance with franchise agreement. In addition to the requirements contained
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herein, all applications that involved the utilization of electric utility poles or facilities in city
rights -of -way shall provided documentation that the electric utility has complied with the
requirements of the franchise agreement for obtaining additional and separate permission
from the city to utilize its electric utility system facilities in the city's right -of -ways to provide
other, non - electric utility services or products.
Q. Registration. Registration with the city is required pursuant to Chapter 30,
communication systems, of the City Code of Ordinance prior to applying for permits to
place, occupy, or maintain a communications system in the public right -of -way.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative actions
to bring into effect the provisions of this Ordinance including, but not limited to, the
promulgation and adoption of rules and forms.
•
Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to wireless
communications facilities, as well as any and all activities of the City pertaining thereto or
of an associated nature, are hereby ratified and affirmed.
Section 5. Codification; Scrivener's Errors.
(a). Sections 2 and 3 of this Ordinance shall be codified and all other sections
shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re- lettered as deemed appropriate by the Code codifier.
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(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 6. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Attest.,
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 11th day of December, 2017.
City Commission of the City of
Sanford, Florida, 3eminole County,
Florida.
� -rte ((--)T (
Cynt is Porter, City Clerk Jeff Trip Pyl
Approved as to form and
Legajq
lilliam L. Colbert, Esquire
ity, Attorney
Page 19
I'�
ws � x
P s N —% Item No. .C—
CITY COMMISSION MEMORANDUM 17 -315
DECEMBER 11, 2017 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Russell Gibson, Planning Developm ices Director
SUBMITTED BY: Norton N. Bonaparte Jr., City Manag
SUBJECT: Wireless Communication Facilities in t Right -of -Way
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4427, establishing regulations for Wireless Communication Facilities in the Right -
of -Way, is being submitted for second reading and adoption.
F'ISCALISTAFFING STATEMENT:
The new legislation restricts the amount the City can charge for permit fees and also restricts the
rate to collocate a small wireless facility on government utility poles to not more than $150 per
pole annually.
BACKGROUND:
On July 24, 2017, the City of Sanford City Commission passed and adopted Ordinance 4412, to
place a temporary (90 day) moratorium on the acceptance of any applications for the placement of
wireless communication facilities and telecommunication towers and antennas, nor accept any new
applications thereof, within the City's Rights -of -Way as a result of CS /CS/HB 687.
The legislation has been referred to as the "wireless giveaway" and became effective on July 1,
2017. The legislation has been initially codified as Chapter 2017 -136, Laws of Florida. The
legislation is assigned the common name of the "Advanced Wireless Infrastructure Deployment
Act" by the Florida Legislature, but will be referred to as the "Act" in this memorandum,
The Act substantially amends Section 337.401, Florida Statutes, relating to the use of public
(municipal or county) right -of -way, and structures located within the right -of -way, for broadband
or wireless facility infrastructure. With various limited exceptions, the Act provides for the
installation of small wireless facilities on government -owned poles and other poles and structures
located in the right -of -way, installation of ground- mounted equipment in the right -of -way,
installation of new poles in the right -of -way, and installation of micro wireless facilities.
The 90 day moratorium expired on September 30, 2017, which temporarily suspended all
permitting activities relating to the installation of wireless devices and infrastructure on utility
public poles. The moratorium provided time for City staff to analyze and propose the required
design standards to meet reasonable location context, color, stealth, and concealment requirements
which are similar to those implemented by the City of Orlando, the City of Altamonte Springs and
the City of Lake Mary. It also allowed City Staff the opportunity to propose the approval process
and procedures, as may be necessary and appropriate, to amend the City's Code of Ordinances or
the City's Land Development Regulations /Land Development Code.
The telecommunication industry is in constant state of growth and expansion. A new network of
telecommunications infrastructure know as a Distributed Antenna System "DAS" or "Small Cell"
networks also known as Wireless Communication Facilities has emerged to help meet the growing
capacity demands. DAS networks are comprised of a series of small individual antenna locations,
or nodes, that are linked to a large hub site, typically an existing cellular communications tower by
fiber optic cable or radio transmission.
Small cell or DAS antenna nodes have a much smaller coverage areas than taller cell towers,
typically '/a miles or less. However, DAS networks provide increased capacity and data transfer
rates to existing coverage areas as well as areas with weak or limited coverage such as dense urban
areas that have tall impediments and dense building materials that diminish or block network
signal coverage for users.
DAS antennas are typically located inside the right -of -way on new poles or existing utility poles.
Typical cellular communications towers are hundreds of feet tall. Cell towers also have large
antenna arrays and extensive amounts of exposed cables and conduits. Moreover, the cell towers
require at- ground equipment shelters and other support equipment in a fenced in yard area. Small
cell antenna nodes, on the other hand, are typically located on utility -size poles or existing utility
poles such as streetlight or traffic signal poles that are 25 -feet to 100 feet tall. DAS pole
equipment includes a 3 to 4 -foot tall antenna at the top of the pole and an electric meter, compact
transmitters, receivers and other components that are also attached to the pole. Some node
locations also include a ground mounted battery back -up cabinet.
DAS nodes are typically located in rights -of -way that are already constrained and crowded by
existing above and below ground utilities. DAS nodes can also be located in residential, non-
residential and highly urbanized areas.
The City has previously received applications for outdoor Distributed Antenna System [DAS]
installations in the public rights -of -way.
The City's existing Land Development Regulations were developed for traditional
telecommunications towers, rather than the smaller and more discrete DAS nodes. While the City
supports the provision of private utilities in the rights -of -way, it is clear the City needs to establish
regulations ensuring these installations are done in an aesthetic manner respectful of the
neighborhoods in which they are proposed.
In response to the changing technology, request for installations in the City and the growing need
for more cell site capacity in heavily populated areas, the following are regulations for Wireless
Communication Facilities in the right -of -way which are similar to what was implemented by the
City of Orlando, the City of Altamonte Springs and the City of Lake Mary.
The Planning and Zoning Commission will conduct a public hearing and thereat recommend
approval.
At the November 13, 2017 City Commission Work Session, Planning and Development Services
Director Russ Gibson submitted a change to page 12 of the Ordinance regarding 4.a. Traffic signal
poles: In no instance shall a wireless communication facility be installed on a horizontal structure
to which signal lights or other traffic control devices are attached, whether owned by the city,
county or other agency.
The City Commission approved the first reading of Ordinance No. 4427 on November 13, 2017.
The City Clerk advertised notice of the public hearing in the Sanford Herald on November 12,
2017.
LEGAL, REVIEW:
The City Attorney prepared the ordinance and has otherwise assisted in this matter.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 4427, establishing regulations
for Wireless Communication Facilities in the Right -of -Way.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4427, establishing regulation for Wireless Communication
Facilities in the Right -of- Way."
Attachment: Ordinance No. 4427