HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 04_08/15/2013 ORDINANCE NO. 30 -13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 63. ARTICLE IL RIGHT-OF-WAY
REGULATIONS, TO RE-NAME THIS ARTICLE AS "PLACEMENT AND
MAINTENANCE OF FACILITIES FOR COMMUNICATIONS SERVICES
IN RIGHTS-OF-WAY"; TO UPDATE AND ADD CERTAIN
DEFINITIONS IN COMPLIANCE WITH FEDERAL AND FLORIDA
LAW; TO RECOGNIZE WIRELESS COMMUNICATIONS FACILITIES
THAT MAY BE PLACED IN RIGHTS OF WAY; TO PROVIDE NEW
REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN
RIGHTS-OF-WAY LOCATED IN RESIDENTIAL ZONES; TO
RECOGNIZE PASS-THROUGH TF.LECOMMUNICATIONS
PROVIDERS AS SEPARATE AND DISTINCT FROM
TELECOMMUNICATIONS DEALERS, AND TO PROVIDE FOR THE
COLLECTION OF PASS-THROUGH PROVIDER FEES IN
ACCORDANCE WITH STATE LAW; TO PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 63.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 63. Right-of-Way Regulations, to update and add certain
definitions in compliance with federal and Florida law; to recognize wireless communications
facilities that may be placed in rights of way; to provide new requirements for placement of
certain facilities in rights-of-way located in residential zones; to recognize pass-through
telecommunications providers as separate and distinct from telecommunications dealers, and to
provide for the collection of pass-through provider fees in accordance with state law; and
WHEREAS, the Village Council of the Village of Tequesta believes that these
regulations will help protect residential property values, maintain aesthetics through residential
neighborhoods and generally insure that the residential character of these zones is not damaged
by a proliferation of above ground telecommunications facilities and utilities in rights-of-way;
and
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WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its right-of-way ordinance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section l: Chapter 63. Right-of-Way Regulations. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article II, Sec. 63-35, to provide new requirements for
placement of certain utility facilities in rights-of-way located in residential zones; providing that
Chapter 63 Article II shall hereafter read as follows:
ARTICLE II. PLACEMENT AND MAINTENANCE OF FACILITIES FOR
COMMUNICATIONS SERVICES IN RIGHT�-OF-WAY
--- ------- --- _ --- --------------- ----- ---- _- _-- - ---___ __---- -------__
Sec. 63-26. Purpose.
Sec. 63-27. Definitions.
Sec. 63-28. Re�istration for placin� or maintainin� communications facilities or utilities in
the ri�hts-of-wa�
Sec. 63-29. Nature of re�istration.
Sec. 63-30. Registration; effectiveness of registration.
Sec. 63-31. Transfer of re�istration.
Sec. 63-32. Existin� communications facilities. wireless communications facilities and
utilities in the rights
Sec. 63-33. Suspension of �ermits.
Sec. 63-34. A�peals.
Sec. 63-35. Construction in the ri�ts-of-wa�
Sec. 63-36. Insurance and indemnification.
Sec. 63-37. Reservation of ri�hts.
Sec. 63-38. No liabilitv or warrant�
Sec. 63-39. Pass-throu�h nrovider fees and charges.
Sec. 63-40 �. Penalties for violation.
Secs. 63-41 �---63-50. Reserved.
Sec. 63-26. Purpose.
The purpose of this article is:
(a) To establish a competitively neutral policy for the use of the public rights-
of-way for the provision of communications services by communications
services providers and other utilities; and
(b) To regulate the placement of utilities. communications facilities and
wireless communications facilities �es in the public rights-of-way
pursuant to its governmental powers as set forth at F.S. ch. 166 and in
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accordance with the brovisions of the Federal Telecommunications Act of
1996 and other federal and state law
(c) To prescribe reasonable rules for such uses pursuant to F.S. §§ 337.401
and 364.0361, so as to minimize disruption of services in the public right-
of-way, regulate the use of the public rights-of-way by communications
services providers and other utilities, and to regulate the construction,
installation, maintenance, repair, removal and replacement of facilities in
the public right-of-way.
(d) The blacement and maintenance of wireless communications facilities on
nrivate nronertv or nronertv owned. leased or controlled bv the villa�e,
other than ri�hts-of-wav. is �ove rned bv Chanter 78. Art. IX, Division 5 of
the village's zonin� code. �
Sec. 63-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Communications services shall mean the transmission
ao�;�va ;r � c ��n� ,, ��� ., .,.. �.� .,,r�„�a��a, convevance or routin� of voice. data.
.. . ,
audio, video. or anv other information or si�nals. includin� video services. to a noint, or
between or amon� noints, bv or throu�h anv electronic. radio, satellite, cable, o ntical,
microwave, or other medium or method now in existence or hereafter devised, re�ardless
of the nrotocol used for such transmissi or convevance. The term includes such
transmission, convevance, or routin� in w hich comnuter brocessin� abblications are used
to act on the form, code. or nrotocol of the content for buraoses of transmission,
convevance or routin� without re�ard to whether such service is referred to as voice-
over-Internet-nrotocol services or is classified bv the Federal Communications
Commission as enhanced or value-added. The term does not include:
al Information services.
(bl Installation or maintenance of wirin� or eauinment on a customer's
nremises.
(cl The sale or rental of tan�ible nersonal nronertv.
d�_The sale of advertisin�, includin�. but not limited to, directorv advertisin�.
(el Bad check char�es.
(fl Late navment charges.
�) Billin� and collection services.
(hl Internet access service. electronic mail service, electronic bulletin board
service, or similar online computer services.
Communications facility or facility r°.�-zz�c�l�� t�e* m�'�° �°°a *^ ���'°
. . . , shall
mean anv nermanent or temvorarv nlant. eauibment and t�ronertv, includin� but not
limited to cables, wires, conduits, ducts, fiber ontics, aoles. antennae, converters. snlice
boxes cabinets h and h oles manhol vaults. drains, surface locat markers,
abnurtenances and other eauit�ment or nathwav blaced or maintained or to be blaced or
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maintained in the public ri�hts-of-wav of the citv and used or canable of bein� used to
transmit. convev. route, receive, distribute, nrovide or offer communications services.
Communications facilities mav be wired, wireless. or both. Communications facilities
mav be nlaced or maintained within villa�e ri�hts-of-wav bv communications services
dealers or bv bass-throu�h nroviders..
Communications services dealer • '� shall mean any person e�
who. unon re�isterin� with the villa�e.
blaces or maintains a communications facilitv in the villaee's ri�hts-of-wav and who is
re�istered with the Florida Denartment of Revenue as a nrovider of communications
services in Florida. Communications service dealers remit communications service taxes
as imnosed bv the citv nursuant to Chanter 202, F.S.
FCC shall mean the Federal Communications Commission.
Information service means the offerin� of a cat�abilitv for �eneratin�. acauirin�.
storin�, transformin�, brocessin�. retrievin�, usin�, or makin� available information via
communications services. including, but not limited to, electronic nublishin�. web-
hostin� service, and end-user 900 number service. The term does not include video
service.
Pass-through nrovider shall mean anv berson who, unon re�isterin� with the
villa�e. nlaces or maintains a communications facilitv in the villa�e's ri�hts-of-wav and
that does not remit communications service taxes as imbosed bv the citv nursuant to
Chanter 202, F.S.
Person includes individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
Public rights-o, f-way or rights-of-way shall mean a public right-of-way, public
utility easement, highway, street or alley owned by the village, dedicated to the village or
to the public, or for which the village holds a property interest and exercises rights of
management or control. This term shall include the surface, the air space over the surface
and the area below the surface of all public roads, streets, highways, alleys, boulevards,
bridges, tunnels, public utility easements, and all public grounds.
Registrant shall mean a e� �� that has registered with the village in
accordance with the provisions of this article.
Registration and register shall mean the process described in section 63-28
whereby a communications services dealer or nass-throu�h provyder provides certain
information to the village.
Utility or utilities shall refer to any electric transmission, telephone, telegraph, or
other communications services lines, pole lines, poles; railways, ditches, sewers, water,
heat or gas mains, pipelines, fences, gasoline tanks and pumps, or any other structures,
pipes, lines or facilities that providers place in the public right-of-way as defined in F.S. §
337.401(1), as may be amended.
Video seNVice means the transmission of video, audio, or other bro�rammins
service to a nurchaser, and the nurchaser interaction, if anv. reauired for the selection or
use of a t�ro�rammin� service, re�ardless of whether the bro�rammin� is transmitted over
facilities owned or operated b� the video service provider or over facilities owned or
onerated by another dealer of communications services. The term includes noint-to-boint
and noint-to distribution service throu�h w hich nro�ranunin� is transmitted
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or broadcast bv microwave or other eauinment directiv to_the nurchaser's nremises, but
does not include direct-to-home satellite service. The term includes basic, extended,
nremium. nav-ner-view, di�ital video, two-wav cable. and music services.
Village shall mean Village of Tequesta, Florida.
Wireless communications facilitv means an eauinment or facilitv used to nrovide
wireless communications service and mav include but is not limited to, antennae, towers,
eauinment enclosures. cablin�, antenna brackets. and other such eauinment. Placin� a
wireless communications facilitv on an existin� tower or buildin� does not cause the
existin� tower or buildin� to become a wireless communications facilitv. Wireless
communications facilities mav be nlaced or maintained within citv ri�hts-of-wav bv
communications services dealers or bv nass-throu�h t�roviders.
Sec. 63-28. Registration for placing or maintaining communications facilities or utilities in
the right�-of-way.
(a) A communications services dealer or pass-throu�h provider or utility provider that
desires to erect, constriict, install, maintain, place, repair, extend, expand, remove,
locate or relocate a permanent or temporary communications facility. wireless
communications facilitv or utility in, on, under, over or across the public rights-
of-way in the village shall first register with the village in accordance with this
article.
(b) Subject to the terms and conditions contained in this article, a registrant may
erect, construct, install, place, repair, maintain, expand, remove, locate or relocate
a permanent or temporary communications facility or utility in, on, over, under, or
across the public rights-of-way.
Sec. 63-29. Nature of registration.
A registration shall not convey title, equitable or legal, in the public right-of-way.
Registration under this article governs the occupation of public rights-of-way only.
Registration does not excuse a communications service dealer, nrovider or
utility provider from obtaining appropriate access or pole attachment agreements before
locating its facilities on the village's or another persan's facilities. Registration does not
excuse any communications service dealer. t�ass-throu�h nrovider or utilitv provider from
complying with all applicable village ordinances, including this article.
Sec. 63-30. Registration; effectiveness of registration.
(a) Registration. Any communications services dealer. pass-throu�h brovider or
utilitv provider desiring to use the public right-of-way shall file a registration
form with the village which shall include the following information:
(1) Name ofthe applicant; and
(2) Name, address ancl telephone number af the applicant's primary contact
person in connection with the registration; and
(3) Evidence of the insurance coverage required under this article and
acknowledgment of the indemnity and other provisions of thi s article;
which acknowledgment shall not be considered an agreement to the
provisions; and
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s
(4) The number of the applicant's certificate or certificates of authorization, if
any, to provide communications services or any other type of services
issued by the Florida Public Services Commission, the Federal
Communications Commission the Department of State, or other applicable
governing boards or commissions.
(b) Review by village. The village will review the information submitted by the
re�istrant a�c-a�. If the re�istrant ��a� submits all information in
accordance with subsection_63-30(a) above, the registration shall be effective and
the village shall notify the re�istrant �� of the effectiveness of the
registration in writing. If the village determines that the information has not been
submitted in accordance with the above-referenced subsection, the village shall
notify the re�istrant �� in writing of the noneffectiveness of registration.
The village shall so reply to a re�istrant �t�i� within 30 days after receipt
of the registration information from the resistrant ���.
(c) Cancellation of registration. A registrant may cancel a registration upon written
notice to the village that it will no longer place, maintain or own any
communications facility. wireless communications facilitv or utility in the public
right-of-way of the village and will no longer need to pull permits to perform
work in public rights-of-way. A registrant cannot cancel a registration if the
registrant continues to place, maintain or own any communications facility�
wireless communications facilitv or utility in the public rights-of-way.
(d) No priority in registration. Registration does not establish any priority for the use
of the public rights-of-way; however an effective registration is required prior to
the issuance of a permit to work in the public rights-of-way. The fact that a
communications services dealer. nass-throus brovider or utility provider is
registered shall not establish any right or priority for the use of the public rights-
of-way.
(e) Renewal of registration. A registrant shall renew its registration with the village
by October 1 of each year in accordance with the registration requirements in this
article. Within 30 days of any change in the information required to be submitted
pursuant to subsection 63-30(a) above, a registrant shall provide updated
information to the village. If no information in the then-existing registration has
changed, the renewal may state that no information has changed. Registrations are
expressly subject to any future amendment to or replacement of this article and
further subject to any additional village ordinances, as well as any state or federal
laws that may be enacted during the term of the registration. If a registrant fails to
renew its registration, the sole consequence shall be that the village may restrict
the re�istrant �� from obtaining permits under subsection (� below until the
re�istrant ^ *' ° ° "�"'*" ��a � has complied with the
registration requirements of this article.
(� Permits. A permit is hereby required of a communications services de aler, nass-
throush�rovider or utility provider that desires to erect, construct, install,
maintain, place, repair, extend, expand, remove, locate or relocate a permanent or
temporary communications facility or utility in any public right-of-way. An
effective registration shall be a condition of obtaining a permit. An effective
registration does not mean that applicable permitting requirements shall not apply
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or that such requirements have been or will be deemed to have been satisfied.
Permit fees, if any, shall be paid upon the submission of an application for same;
the amount of such permit fee, if any, shall be set by resolution of the village
council.
Sec. 63-31. Transfer of registration.
If the registrant transfers or assigns its registration incident to a sale or other
transfer of the registrant's assets located within the village, the transferee or assignee shall
be obligated to comply with the terms of this article. Written notice of any such transfer
or assignment shall be provided to the village as of the effective date of such transfer. In
order for the transfer of registration to be effective, such written notice must include the
identity of the transferee or assignee, and notice of any changes to the information
provided under subsection 63-30(a), including any changed evidence of insurance
coverage.
Sec. 63-32. Existing communications facilities� wireless communications facilities and
utilities in the rights-of-way.
Communications facilities� wireless communications facilities or utilities which
have been constructed or placed in the public rights-of-way prior to the effective date of
this article may remain in the rights-of-way provided the provider complies with the
registration provisions of this article. Providers with existing communications facilities�
wireless communications facilities or utilities have 120 days from the effective date of
this article to comply with the terms of this article, or be found in violation thereof.
Sec. 63-33. Suspension of permits.
Subject to section 63-34 below, the village may suspend a permit for work in the
public rights-of-way for one or more of the following reasons:
(a) Violation of permit conditions, including conditions set forth in this article
or other applicable village codes or regulations governing use of the public
rights-of-way;
(b) Misrepresentation or fraud by registrant in a registration or permit
application to the village;
(c) Violation of provisions in this article requiring payment of � fees, if
applicable, to the village; or
(d) Failure to relocate or remove communications facilities wireless
communications facilities or utilities as may be lawfully required by the
village.
Sec. 63-34. Appeals.
Final, written decisions of the village manager suspending a permit, denying an
application far a registration or denying an application for renewal of a registration are
subject to appeal. An appeal must be filed with the village manager within 30 days of the
date of the final, written decision to be appealed. Any appeal not timely filed as set forth
herein shall be waived. The village council shall consider the appeal at its �e next
regularly scheduled meeting and shall consider wkether the apnellant "�„�� meets the
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requirements for a registration or permit based upon the provisions of this article and the
applicable state and federal laws.
Sec. 63-35. Construction in the right�-of-way.
(a) Permits to const�uct. The registrant may construct the communications facilities�
wireless communications facilities or utilities in the public rights-of-way
specifically identified in permits obtained in accordance with applicable
provisions of this article or other applicable village codes and regulations. The
permission to use and construct in the public rights-of-way is only for those areas
specifically identified in the permit.
(b) Compliance with village codes and regulations. Registrant agrees to comply with
all applicable village codes and regulations in constructing any communications
facilities, wireless communications facilities or utilities in the public rights-of-
way, including, but not limited to, engineering regulations, permit requirements,
contractor licensing requirements, fire codes and zoning codes; and shall not
disturb the village's existing stormwater system as defined fiirther at division 3 of
article IV of chapter 74, utilities of the Village Code of Ordinances.
(c) Registrant must obtain applicable permits. Except in the case of an emergency,
registrant shall not commence any construction in the public rights-of-way until
all applicable permits have been issued by the village or other appropriate
authority. The term emergency shall mean an out-of-service condition or other
condition that may affect the public's health, safety and welfare. Registrant shall
provide reasonable advance notice to the village of its intent to commence
construction in the rights-of-way in the event of an emergency. Registrant
acknowledges that as a condition of granting such permits, the viliage may
impose conditions on the permits as necessary and reasonable for the construction
in the public rights-of-way.
(d) Construction standards. Registrant shall construct, maintain, install, remove
and/or repair the communications facility wireless communications facilitv or
utility in the public rights-of-way in compliance with all applicable construction
standards as established by all local, state or federal law and in conformance with
the village's codes and regulations. Registrant shall use and exercise due caution,
care, skill and expertise in performing work in the public rights-of-way and shall
take all reasonable steps to safeguard work site areas.
(e) Installation and construction schedule; inspections. In the interest of the public's
health, safety and welfare, registrant shall cooperate with the village and the
village's management actions in coordinating the use of the public rights-of-way.
Upon request of the village, a registrant shall coordinate work under a permit with
any other construction, installation or repairs that may be occurring or scheduled
to occur in the subject public rights-of-way and aiter its construction schedule as
necessary so as to miniznize disruptions and disturbance in the public rights-of-
way.
(� Maintenance. A registrant shall maintain its communications faeilities
communications facilities or utilities in the public rights-of-way in a safe
condition.
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(g) Notice to village. Prior to any excavation in the public rights-of-way for
construction, installation, repair or maintenance, the registrant must call prior to
construction activity to locate any underground equipment in accordance with
F.S. ch. 556, as it may be amended. A registrant must be a member of Sunshine
State One Call of Florida, Inc. (1-800-432-4770) or any successor alert and
warning system to protect and locate its underground equipment.
(h) Removal of registrant's communications acilities, wireless communications
acilities or utilities in the right-of-way. To the extent authorized by F.S. §
337.403, village may require registrant to remove or relocate, and registrant shall,
at village's direction, remove or relocate any communications facilities. wireless
communications facilities or utilities in the public rights-of-way when the village
manager determines that such removal or relocation is necessary to protect or
preserve the public health, safety and welfare, or to protect the proper operation of
village's traffic signals or traffic control devices or other village facilities. Village
shall provide 90 days' written notice to registrant before the lines must be
relocated or removed. If registrant fails to commence and complete this removal
work by the dates requested by the village in its written notice, or within 30 days
following the expiration or termination of this registration, then the village shall
have the right to perform this removal work and charge registrant for the costs
incurred by the village in performing this work. Upon payment by registrant of
the costs to the village, the village shall promptly return to registrant equipment
removed by village pursuant to this provision.
(i) Restoration of rights-of-way. Upon the completion of each installation,
construction, repair, maintenance, or removal in the rights-of-way, a registrant
shall restore the public rights-of-way to a safe condition and to the village's
standard specifications for rights-of-way, at registrant's expense. Registrant shall,
at its own expense, repair or replace any other property disturbed or damaged on
account of its activities in the public rights-of-way.
(j) Interf'erence with otheN uses in the public rights-of-way. A registrant shall use
reasonable efforts not to disturb or otherwise disrupt the operation or maintenance
of any other communications facilities, utilities, or uses in the public rights-of-
way, including, but not limited to, sewers, storm drains, gas or water mains, or
other underground cables or conduits.
(k) No warranties or rep�esefztations by village. The village makes no warranties or
representations regarding the fitness or suitability of village's property for the
installation of registrant's communications facilities wireless communications
facilities or utilities and asiy performance of work or costs incurred by registrant
or provision of services shall be at registrant's sole risk.
(1) Maps. Within 30 days of a request by the village, the registrant shall provide the
village with electronic copies of maps e�-�� in a format specified by the village
manager, provided such format is maintained by the registrant. Any such
maintained geographic data, media and information will be provided at no cost to
village. In no event shall any proprietary confidential information be required to
be disclosed pursuant to this section, except that the location of communications
facilities wireless communications facilities or utilities previously placed in the
public right-of-way shall not be deerned proprietary confidential information.
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(m)Relocation of facilities and reservation of the village's Nights.
(1) The village reserves the right to lay, and permit to be laid, sewer, gas,
water, electric, storm drainage, telecommunications, and other pipelines or
cables or conduit, and to do and to permit to be done any underground
installation or improvement that may be deemed necessary or proper by
the village in, across, along, over or under any public rights-of-way
occupied by the registrant, and to change any curb or sidewalk or the
grade of any street. The village, its contractors and subcontractors shall be
required to call Sunshine State One Call of Florida, Inc. (1-800-432-4770),
or successor alert and warning system, prior to excavation, in accordance
with F.S. ch. 556, as it may be amended, in order to avoid damages to
registrant's communications facilities. wireless communications facilities
or utilities.
(2) The village expressly reserves the right to change, or cause to be changed
through exercise of its police powers, the grading, installation, relocation,
or width of the village streets, sidewalks, bikeways, alleys, public
thoroughfares, highways and public ways and places within the present
limits of the village and within said limits as same may from time to time
be altered, and the registrant shall relocate, at its own expense where
allowed by F.S. § 337.403, as it may be amended, its poles wires, cables,
anchors, manholes, conduits, appurtenances, or other communications
facilities or utilities in order to accommodate the installation, relocation,
widening or changing of the grade of any public streets, sidewalks,
bikeways, alleys, public thoroughfares, highways and public ways and
places, including if necessary relocating such poles, wires, cables, anchors,
manholes, conduits or other facilities or appurtenances to a sufficient
distance from the edge of the pavement to permit a reasonable work area
for machinery and individuals engaged in installing, relocating, widening,
or changing the grade of any such streets, sidewalks, bikeways, alleys,
public thoroughfares, highways and public ways and places. Upon notice
in writing from the village that changes in the public rights-of-way are
required pursuant to the village's police power in such a manner as will
necessitate the relocation of its facilities in the public rights-of-way, the
registrant shall relocate its communications facilities or utilities at no
expense to the village, where allowed by F.S. § 337.403, as it may be
amended, so as to permit the construction of such improvements when
ordered. Should the registrant fail to comply with such notice, the
conLmunications facilities or utilities may be relocated by the village and
the cost thereof recovered from the registrant, where all�wed by F.S. §
337.403, as it may be amended.
In) Ri�hts of wav in residential zones. Re�istrants that desire to install new utilitv
�oles or other• above �round structures to facilitate new communications faciliti�
wireless communications facilities or utilities in a ri�ht of way located in the R-
IA�R R-2. R-3 or any residential portion of the MU zonin� districts shall first
provide the villa�e with documentation, certified bv a licensed engineer, that the
use of existin� noles or above �round structures is not nossible. In the event that
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a re�istrant can utilize existin� above �round noles or other structures for the
installation of its antennas. wires or other facilities. the installation of new noles
or above �round structures shall be nrohibited. No later than 90 davs brior to the
issuance of a nermit bv the villa�e for the installation of new communications
facilities, wireless communications facilities or utilities in a right of wav located
in the R-lA. R-1, R-2. R-3 or anv residential bortion of the MU zonin� districts,
the re�istrant shall nrovide notice and an onbortunitv to receive bublic comment
at a noticed bublic meetin�.
Sec. 63-36. Insurance and indemnification.
(a) Indemnification. Registrant shall agree to protect, defend, reimburse, indemnify
and hold village, its agents, employees and elected officers and each of them free
and harmless at all times from and against any and all suits, actions, legal or
administrative proceedings, claims, demands, damages, liabilities, interest,
attorney's fees, costs and expenses of whatsoever kind or nature whether arising in
any manner directly or indirectly caused, occasioned or contributed to in whole or
in part, by reason of any act, omission or fault, of anyone acting under registrant's
direction or control, or on registrant's behalf in any matter related to registrant's
use of the rights-of-way or any property registrant is entitled or authorized to use
as a result of the registration or other authorization. Registrant's aforesaid
indemnity and hold harmless obligations, or portions or applications thereof, shall
apply to the fullest extent permitted by law but in no event shall they apply to
liability caused by the negligence or willful misconduct of the village, its
respective agents, servants, employees or officers, ^^r �'��" +'�°';°'^;';*<
� �, ;r � ���4.'�g��a Nothin� contained in this section shall be
construed or interareted: (11 as denvin� to either nartv anv remedv or defense
available to such nartv under the laws of the State of Florida; (21 as consent bv the
villa�e to be sued: or (31 as a waiver of soverei�n immunitv bevond the waiver
nrovided in F.S. � 768.28. as it mav be amended.
(b) Insurance. A registrant shall maintain in full force and effect general liability
insurance acceptable to the village, which specifically covers all exposures
incident to the intent and responsibilities under this article in the amounts set forth
below:
(1) Workers' compensation insurance within Florida statutory limits and
employers' liability insurance with minimum limits of $100,000.00 each
accident.
(2) Comprehensive general liability insurance with minimum limits of
$3,000,000 as the combined single limit for each occurrence of bodily
injury, personal injury and property damage. The policy shall provide
blanket liability insurance and shall include coverage for products and
completed operations liability, independent contractor's liability; coverage
for property darnage from perils of explc�sion, collapse or damage to
underground utilities, commonly known as XCU coverage.
(3) Automobile liability insurance covering all owned, hired, and nonowned
vehicles in use by the provider, its employees and agents, with personal
protection insurance and property protection insurance to comply with the
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provisions of the applicable State law, including residual liability
insurance with minimum limits of $2,000,000.00 as the combined single
limit for each occurrence for bodily injury and property damage.
(4) Named insureds. All certificates of insurance shall name the Village of
Tequesta as an additional insured.
(5) Cancellation of policies of insurance. At least 60 days prior written notice
shall be given to the village by the insurer of any intention not to renew
such policy or to cancel, replace or materially alter same, such notice to be
given by registered mail to the village.
Sec. 63-37. Reservation of ri�hts.
(a) The villa�e reserves the ri�ht to amend this article as it shall find necessarv in the
lawful exercise of its nolice bowers.
(b) This article shall be annlicable to all communications facilities and wireless
communications facilities nlaced in the bublic _rights-of-wav on or after the
effective date of this article and shall anblv to all _existin� communications
facilities and wireless communications facilities nlaced in the bublic ri�hts-of-
wav nrior to the effective date of this article. to the full extent nermitted bv state
and federal law.
Sec. 63-38. No liabilitv or warrantv.
Nothin� contained in thi article shall be construed to make or hold the villa�e
resbonsible or liable for anv dama�e to nersons or anv nronertv whatsoever, from anv
cause whatsoever, arisin� from the use, oneration or condition of the re�istrant's
communications facilities, wireless communications facilities or utilities: or bv reason of
anv insnection or reinsnection authorized herein or failure to insbect or reinsbect. Nor
shall the issuance of anv nermit or the abbroval or disannroval of anv blacement or
maintenance of the re�istrant's com munications facilities. wireless communications
facilities or utilities as authorized herein constitute anv renresentation, �uarantee or
warrantv of anv kind bv nor create anv liabilitv upon th e villa�e or anv official. a�ent or
emplovee thereof.
Sec. 63-39. Pass-throu�h nrovider fees and char�es.
�a Pass-throu�h nroviders shall aav to the villa�e on an annual basis an amount
eaual to Five Hundred Dollars f$500.001 ner linear mile or nortion thereof of
communications facilities or wireless communications facilities blaced and/or
maintained in the villa�e's ri�hts-of-wav. For nuraoses of this section, the
villa�e's r do not include ri�hts-of-wav that extend in or throu�h the
villa�e but are state, countv or another authoritv's ri�hts-of-wav.
�b The amounts char�ed nursua to this section shall be based on the linear miles of
ri�hts-of-wav wh ere communications facilities or wireless communications
facilities are t�laced, not based on a suinmation o the len�ths of individual cables,
conduits, strands or fibers.
�c Anv annual amount char�ed shall be reduced for a nrorated nortion of anv 12
month beriod durin� which the nass-thr aravider remits taxes imnosed bv the
villa�e bursuant to Chapter 202. F.S.
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�d Annual navments shall be due and navable on March 1 of each vear. Fees not
naid within ten (101 davs after the due date shall bear interest at the rate of one (11
nercent ner month from the date due until naid. The accebtance of anv navment
reauired hereunder bv the villa�e shall not be construed as an acknowled�ement
that the amount naid is the correct amount due, nor shall such accebtance of
avment be construed as a release of anv claim which the villa�e mav have for
additional sums due and navable. All fee bavments shall be subiect to audit bv
the villa�e, and assessment or refund if anv navment is found to be in error. If
such audit results in an assessment bv and an additional navment to the villa�e,
such additional navment shall be subiect to interest at the rate of one (11 bercent
er month until the date bavment is made.
�e If the bavments reauired bv this section are not made within ninetv (90) davs after
the due date, the villaee mav withhold the issuance of anv bermits to the re�istrant
until the amount nast due is naid in full.
Sec. 63-40 �. Penalties for violation.
Any violation of any of the provisions of this article 9�d�e may be enforced
as provided for in F.S. ch. 162. Each day or fraction thereof the violation continues shall
be considered as a separate offense. In addition, the village can pursue any and/or all
other lawful actions, including filing a complaint with Florida Public Service
Commission or Federal Communications Commission advising of violations of village
ordinances, filing an injunction in circuit court to enforce the terms of the article,
registration or permit or to enjoin the use of the public right-of-way, pursuing action
before the code enforcement special magistrate to impose daily fines, denying permits or
development orders for other projects or use of the right-of-way by the provider, and/or
by any other means allowed by law. These remedies shall be cumulative.
Secs. 63-41 �8-63-50. Reserved.
Section 2: Each and every other Section and Subsection of Chapter 63. Right-of-Way
Regulations. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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