Ordinance 13-2017 Utilities - Underground ORDINANCE NO. 13-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, IMPOSING A
TEMPORARY MORATORIUM ON THE PLACEMENT OF
WIRELESS COMMUNICATION EQUIPMENT OR FACILITIES
UPON PUBLIC PROPERTY, PUBLIC RIGHTS-OF-WAY, AND IN
PUBLIC UTILITY EASEMENTS WITHIN THE TOWN. SAID
MORATORIUM TO BE IN EFFECT FOR A PERIOD OF 180 DAYS
SO AS TO ALLOW THE TOWN TO CONDUCT A STUDY AND TO
CREATE REASONABLE, NON-DISCRIMINATORY
REGULATIONS OR CRITERIA RELATING TO THE PLACEMENT
OF SAID UTILITIES IN A MANNER CONSISTENT WITH STATE
LAW AND IN A MANNER WHICH WILL NOT DEFEAT THE
INTENDED PURPOSE OF THE TOWN'S DECLARED INTENT TO
UNDERGROUND ALL UTILITIES WITHIN THE GEOGRAPHIC
BOUNDARIES OF THE TOWN.
WHEREAS, the legislature of the State of Florida, has given consideration to
legislation which would preempt local government control relating to the placement of
certain wireless communications and equipment in public rights-of-way; and
WHEREAS, the Town of Palm Beach is undertaking an effort to place all overhead
utilities within the Town underground for aesthetic, public safety and reliability purposes;
and
WHEREAS, Article V of Chapter 122 of the Town Code Ordinance relating to utilities
presently excepts from undergrounding requirements at Section 122-162(3) radio antennae,
associated equipment and supporting structures for each such antennae used by a utility
company for furnishing wireless communication services; and
WHEREAS, the Town Council desires to conduct a study in order to design
reasonable, non-discriminatory criteria and regulations to be applied to the placement of
wireless facilities in a manner so as to promote and protect the public interests and avoid
frustration of the actions, activities and intent of the Town Council in the undergrounding of
utilities throughout the Town.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Town Council hereby declares a moratorium on the granting of
any permits for the placement of wireless facilities on public property, public rights-of-way
and in public utility easements within the Town or for the placement of any said facilities in
residentially-zoned districts of the Town.
Section 2. This moratorium shall be effective for a period of 180 days, during
which time the Town will conduct a study to determine and establish reasonable non-
discriminatory criteria which may be imposed on the placement of said wireless facilities
within the Town.
Section 3. During the period of this moratorium, the location of wireless
communications equipment or facilities shall be prohibited.
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
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Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED, on an emergency basis, in a regular, adjourned
session of the Town Council, this 13th day of April, 2017.
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Ga' Coniglio, Mayor A Richard M. Kleid, Town Council President
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anielle H. oore 4ouncil esident Pro Tern
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'k` • Ju4 K. Araskog, Town Counc . Member
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c'A1'TE+.1-:-,'� =ob s,i Lindsay, To - oun' it Member
- A • ' • , • - k Margaret 0). Zeidman? 'own Council Member
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