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ORDINANCE 17-1464 <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, RELATING TO COMMUNICATION <br />FACILITIES; AMENDING CHAPTER 68, "ROADWAY AND UTILITY <br />CONSTRUCTION" OF THE CITY CODE OF ORDINANCES, BY <br />AMENDING ARTICLE II, "CONSTRUCTION AFFECTING STREETS, <br />RIGHTS-OF-WAY OR EASEMENTS" TO CLARIFY AND UPDATE <br />RIGHTS-OF-WAY UTILIZATION AND PERMIT REQUIREMENTS, <br />AND BY AMENDING ARTICLE IV, "COMMUNICATIONS RIGHTS-OF- <br />WAY", ESTABLISHING NEW REGULATIONS FOR WIRELESS <br />COMMUNICATION FACILITIES AND AMENDING GENERAL <br />CRITERIA FOR COMMUNICATION FACILITIES; PROVIDING FOR <br />CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE <br />DATE. <br />WHEREAS, advances in telecommunications infrastructure have been developed which <br />help to meet wireless system capacity demands in dense areas through the deployment of <br />localized networks of antennas; and <br />WHEREAS, the City of Casselberry Code of Ordinances provisions regulating <br />communication towers and communication antennas do not sufficiently address the permitting of <br />wireless communication facilities and support structures within the public rights-of-way; and <br />WHEREAS, the Emergency Communications Number E911 Act, Chapter 365, Florida <br />Statutes, (the "Act") addresses, inter alia, local governments' regulation of the placement, <br />construction or modification of wireless communications facilities; and <br />WHEREAS, Section 337.401 et seq., Florida Statutes, addresses, inter alfa, the authority <br />of municipalities to regulate the placement and maintenance of communications facilities in the <br />public rights-of-way; and <br />WHEREAS, both statutes authorize regulations of communications facilities in the <br />public rights-of-way that are related to the placement or maintenance of facilities in the public <br />Page 1 of 34 <br />