§ 29-25. Imposition of temporary moratorium.

(a)

Purpose.

(1)

The purpose of the ordinance codified in this section is to enable the City of Neptune Beach sufficient time to review, hold public hearings and adopt an amendment or amendments to the City of Neptune Beach Unified Land Development Code and/or Code of Ordinances, relating to the location, design and operation of wireless communication facilities within the public rights-of-way within the city. The city will not approve any application or issue any permits authorizing the construction of wireless communication facilities within the public rights-of-way, except as provided in this section, or as may otherwise be required by applicable law.

(2)

It is further the purpose of this section to fulfill the city's constitutional charge and statutory obligations to protect and preserve the public health, safety and welfare of the citizens of the City of Neptune Beach, regarding whether wireless communications facilities should be permitted within the public rights-of-way; and if permitted within the public rights-of-way, the types of regulations to be imposed upon placement of wireless communication facilities; and thus defer official government action until the City of Neptune Beach has properly held public hearings and adopted amendments to the City of Neptune Beach Unified Land Development Code and/or Code of Ordinances, as necessary.

(3)

To fulfill the city's obligations to continue uninterrupted provision of public works, fire safety, law enforcement, emergency management, emergency medical services, and city utilities, it is clarified that this moratorium will not apply to the construction, installation, maintenance and replacement of facilities within the public rights-of-way that are strictly for governmental purposes.

(4)

It is further the purpose of this section to set forth the rate for collocating small wireless facilities on city-owned rights-of-way at the maximum rate allowed by law, currently established at one hundred fifty dollars ($150.00) per pole per year, pursuant to F.S. § 337.401(7)(f)(3).

(b)

Definitions.

Governmental purposes means, but is not limited to, public works, fire safety, law enforcement, emergency management, emergency medical services or municipal utility operations.

Small wireless communication facility means any equipment or facility used for the transmission or reception of wireless communications and located in public rights-of-way as defined in F.S. § 365.172(3)(gg), or facilities to provide wireless communication services as listed at https://www.fcc.gov/general/wireless-services.

(c)

Imposition of temporary moratorium.

(1)

No application for permit, authorization or any other official action of the city having the effect of permitting or allowing the construction of small wireless communication facilities in the public rights-of-way within the city limits, may be accepted or processed or approved by the city, except as may be required by applicable law. To the extent such an application is submitted, the city staff is authorized to take action to deny such application during the term of this moratorium within such time frame as may be required by applicable law.

(2)

No zoning compliance permit may be issued by the city which would authorize the construction of a small wireless communication facility within the public rights-of-way.

(3)

The imposition of the moratorium is not intended to affect nor does it affect wireless communication facilities serving strictly governmental purposes.

(c)

Term. The moratorium imposed by the ordinance codified herein is temporary and, unless dissolved earlier by the city, shall automatically dissolve in six (6) months from the effective date of the ordinance, unless extended in accordance with applicable law. This moratorium may be reasonably extended, if necessary, by ordinance of the city council.

(d)

Early termination. The moratorium imposed by the ordinance codified in this section may terminate prior to its six-month period upon the passage of ordinances regulating permitting or allowing the construction of wireless communications facilities in the public rights-of-way controlled by the city, provided:

(1)

Specific language terminating the moratorium is contained within said enacted ordinance; or by

(2)

Passage of another ordinance providing for termination by the city council.

(e)

Repeal of laws in conflict. All local laws and ordinances in conflict with any provision of this section are hereby repealed to the extent of any conflict.

(f)

Effective date. The ordinance codified herein shall take effect immediately upon passage after second reading/public hearing.

(Ord. No. 2017-28 , 11-6-17)