20-1545 Amending Chapter 68, Roadway and Utility Construction

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ORDINANCE 20-1545 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO COMMUNICATION FACILITIES; AMENDING CHAPTER 68, "ROADWAY AND UTILITY CONSTRUCTION" OF THE CITY OF CASSELBERRY CODE OF ORDINANCES, BY AMENDING ARTICLE IV — "COMMUNICATIONS RIGHTS-OF-WAY" TO UPDATE THESE SECTIONS IN ACCORDANCE WITH LEGISLATIVE CHANGES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Casselberry Code provisions regulating wireless communication facilities require updating to address amendments to Fla. Stat. 337.401; and WHEREAS, it is in the best interests of the citizens, business, and visitors in the City of Casselberry to ensure there is sufficient wireless communication service; and WHEREAS, the City of Casselberry has a substantial and significant public interest in regulating the siting of wireless communication facilities to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Casselberry has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of wireless communication facilities; and WHEREAS, to promote the public health, safety, aesthetics, and general welfare, the City of Casselberry has a substantial interest in maintaining and protecting its public rights-of-way in a non- discriminatory manner, and requiring that individuals and entities seeking permits to conduct any type of excavation, construction or other activity therein do so in a safe, expeditious, and professional manner; and WHEREAS, such public interest extends to protecting, preserving and maintaining the health, safety and welfare of the users of the public rights-of-way, while also protecting, preserving and maintaining the aesthetic character of areas where such rights-of-way exist; and WHEREAS, this Ordinance accommodates the growing need and demand for communication services; and WHEREAS, this Ordinance seeks, to the extent the City is permitted to do so by the Legislature, to minimize visual and other impacts of wireless communication facilities on surrounding areas by maintaining allowable standards for location, design, landscape screening, and compatibility in accordance with Section 337.401 et seq., Florida Statutes, which addresses, inter alia, the authority of municipalities to regulate the placement and maintenance of communications facilities in the public rights-of-way; and