HomeMy WebLinkAboutDocumentation_Regular_Tab 20_10/10/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 30-13
10/10/13
Consent Agenda: No Resolution #:
Originating Department: ATTORNEY
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ORDINANCE 30-13, FIRST READING, AMENDINC� �G�e d�� o���.'� ��R<<����: (;ODE OF ORDINANCES AT
CHAPTER 63. ARTICLE II. 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 AESTHETIC REQUIREMENTS
AND PUBLIC HEARING REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN
RIGHTS-OF-WAY; 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
- Village Attorney Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
• � •' .� • • • • .�- .
See above
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Department Head Submitted by Attorney
Finance Director
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Reviewed for Financial SWfficiency ❑
No Financial Impact E , ` ,�__ � �`����
Attorney: (for legal sufficiency) �
Village Manager: , /
Submit for Council Discussion: � �E:� ���1 r���, �,
Approve Item: ❑ � ° ' ' �'� �
Deny Item: �
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Form Amended: 7/12/12
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 II. 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
AESTHETIC REQUIREMENTS AND PUBLIC HEARING
REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN
RIGHTS-OF-WAY; TO RECOGNIZE PASS-THROUGH
TELECOMMLINICATIONS PROVIDERS AS SEPARATE AND
DISTINCT FROM TELECOMMUlvICATIONS 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 AUTIiORITY 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 aesthetic requirements and public
hearing requirements for placement of certain facilities in rights-of-way; to recognize pass-
through telecammunications providers as separate and distinct from telecommunications dealers,
and to provide for the collection of pass-through provider fees in accordance with sta.te 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 telecommunicatians 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 VtLLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: 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; providing that Chapter 63 Article II shall
hereafter read as follows:
ARTICLE II. P LACEMENT �ND MAINTENANCE OF FACILITIES FOR
C�NrMLPVrr.ATTONS SERVI�ES IN RIGHT�-OF-WAY
Sec. 63-26. Purpose.
Sec. 63-27. Definitions.
Sec. 63-28. Registration for placing or maintainin� communications facilities or utilities in
the ri�hts-of-way.
Sec. 63-29. Nature of registration.
Sec. 63-30. Re�istration; effectiveness of registration.
Sec. 63-31. Transfer of registration.
Sec. 63-32. Existing communications facilities. wireless communications facilities and
utilities in the rights-of-wav.
Sec. 63-33. Suspension of permits.
Sec. 63-34. Appeals.
Sec. 63-35. Canstruction in the ri�hts-of-wav.
Sec. 63-36. Insurance and indemnification.
Sec. 63-37, Reservation of ri�hts.
Sec. 63-38. No liabilitv or warrantv.
Sec. 63-39. Pass-through provider fees and char�es.
Sec. 63-40 �. Penalties for violation.
Secs. 63-41 �-8---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 util� communications facilities and
wireless communications facilities including but not limited to
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"distributed antenna svstems" �es in the public rights-of-way pursuant
to its governmental powers as set forth at F.S. ch. 166 and in accordance
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with the nrovisions 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 �lacement and maintenance of wireless communications facilities on
private nronertv or nronertv owned. leased or controlled bv the villa�e,
ther than ri�hts-of-wav. is �overned bv Chanter 78, Art. IX. Division 5 of
t e villa�e's zonin� code.
Sec. 63-27. Defininons.
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
�. +. +n ,.;� a �.�> ,.,. ,-�,,.,,,,,.�, oia,.,�.,.,,;,. ,. ,.+t,o,. ,,.,ea;,,,.,,
a, � r7 � Ta'��Z(l'1 l l� .�mor�rlad
a �, n � -o�- �� convevance or routin� o voice� ata,
audio. video. or anv oth er information or simals, includin� video services, to a noint, or
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between or amon� noints. bv or throueh anv electronic. radio, satellite, cable, optical.
microwave. or other medium or method now in existence or hereafter devised. regardless
4f the nratocol used for such transmission or convevance The term includes such
t ransmission. convevance. or routin� i n w hic h combuter n rocessin� annlications are used
_ --- --- - -- -
t act on the form code, or nrotocol of th e content for nuraoses of transmission,
nvevance 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.
fbl Installation or maintenance of wiring or eauinment on a customer's
premises.
(cl The sale or renta.l of tan�ible nersonal nronertv.
(dl The sale of advertisin�, includins, but not limited to. directorv advertisin�.
(el Bad check char�es.
(fl Late navment char�es.
l�) Billine and collection services.
(hl Internet access service. electronic mail service. electronic bulletin board
service or similar online comnuter services .
Communications acili or acili rs-�� �'.'� �?:�� .� '�� �..�a :� "�°'='a°
.f �1' .f tJ' _ � -��' r_., . _�..
. , . , shall
mean anv bermanent or temnora�rv nlant eauinment and nronertv includin� but not
_ . _ _ _ _- -
li mited to cables wires conduits ducts fiber ontics noles antennae converters snlice
b oxes cabinets, hand h manholes, vaults, drain surface location markers,
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ann��rtenances and other eauinment or nathwav nlaced or maintained or to be nlaced or
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mainta.ined in the bublic 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. Communicatiotts facilities
mav be blaced or maintained within villa,ge ri�hts-of wav bv communications services
dealers or bv nass-throu�h nroviders..
Communications services dealer sha11 mean any person e�
who, unon re�isterin� with the villa�e
laces or maintains a communications facilitv in the villase's ri�hts-of-wav and who is
re istered with the Florida Denartment of Revenue as a nrovider of commurucations
services in Florida. Communications service dealers remit comznunications service taxes
as imnosed bv the citv nursuant to Cha�ter 202, F.S.
Di tributed antenna svstem. or DAS is a network of snatiallv senarated antenna
nodes connected to a common source via a transnort medium that brovides wireless
service within a�eoeranhic area or structure. DAS antenna elevations are �enerallv at or
below the clutter level and node installations are compact.
FCC shall mean the Federal Communications Commission.
Information service means the offerin� of a canabilitv for seneratin�. acc�uirin�,
storin�, transforming, nrocessin�, retrievin�, usin�, or making available information via
communications services. includin�. but not limited to. electronic nublishing. web-
l�ostin� service. and end-user 900 number service. The term does not include video
service.
Pass-throu�h z�rovider shall mean anv nerson who, unon reeisterins with the
villa�e. nlaces or maintains a communications facilitv in the village's ri�hts-of-wav and
th t does not remit communications service taxes as imnosed bv the citv nursuant to
Chavter 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-of-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 properly 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� e�a� 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 provider provides certain
information to the village.
�Itility or utilities shall refer to any electric transmission, teiephone, 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 service means the transmission of video. audio. ar other nro�ammin�
service to a nurchaser. and the nurchaser interaction, if anv. reauired for the selection or
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use of a nrosrammin� service re�ardless of whether the nro�rammin� is transmitted over
facili owned or oberated bv the video service nrovider or over facilities owned or
oberated bv another dealer of communications services. The term includes noint-to-�oint
and boint-to-multinoint distribution services through which bro�rammin� is transmitted
or broadcast bv microwave or other eauibment directl to the nurchaser's bremises. but
does not include direct-to-home satellite service The term includes basic ex tended
premium, nav-ber-view, di�ital video. two-wav cable, and music services.
Village shall mean Village of Tequesta, Florida.
Wireless corrcmunications facilitv means eauinrr�ent or facilities located within a
villa�e ri�ht-of-wav, which are of a size and confi�uration that is comnarable to other
communications facilities or utilitv noles that are traditionallv and customarilv located
within such rights-of-wav used to �rovide wireless communications service and mav
include. but is not limited to. antennae, towers. eauinment enclosures, cablin�. antenna
brackets and other such eauinment Tv�icallv wireless communications facilities wit in
a ri�ht-of-wav are comprised of "Distributed Antenna Svstems". Placin� a wireless
communications facilitv on an existin� tower or buildin� does not cause the existi��
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tower or buildin� to become a wireless communications facilitv. Wireless
communications facilities mav be blaced or maintained within villa�e rights-of-wav bv
communications services dealers or bv nass-throu�h nroviders.
Sec. 63-28. Registration for placing or maintaining communications facilities or utilities in
the right�-of-way.
(a) A communications services dealer or bass-throu�h provider or utility provider that
desires to erect, construct, 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 right�-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. nass-throu�h brovider or
utility provider from obtaining appropriate access or pole attachment agreements before
locating its facilities on the village's or another person's facilities. Registration does not
excuse any communications service dealer, nass-throu�h brovider 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, bass-throu�h nrovider or
tili provider desiring to use the public right-of-way shall file a registration
form with the village which shall include the following information:
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(1) Name of the applicant; and
(2) Name, address and telephone number of 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 this article;
which acknowledgment shall not be considered an agreement to the
provisions; and
(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 Deparhnent of Sta.te, or other applicable
governing boards or commissions.
(b) Review by village. The village will review the information submitted by the
re�istrant �1�. If the re�istrant �,� submits all information in
accordance with subsection_63-30(a} above, the registration shall be effective and
the village shall notify the re is rant a�� 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 registrant ��� in writing of the noneffectiveness of registration.
The village shall so reply to a registrant �-���� within 30 days after receipt
of the registration information from the r��istrant ���.
(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 right�-of-way.
(d) No p�iority 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-throu�h �rovider 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 ��e� from obtaining permits under subsection (� below until the
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re�istrant has complied with the
registration requirements of this article.
(� Permits. A permit is hereby required of a communications services dealer, nass-
throu�h nrovider or utility provider that desires to erect, construct, install,
mainta.in, 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
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
caverage.
Sec. 63-32. Existing communications facilities, wireless communications facilities and
utilities in the right�-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 right�-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 payrnent of �e�ri� fees, if
applicable, to the village; or
(d) Failure to relocate or remove communications facilities w
communications facilities or utilities as may be lawfully required by the
village.
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Sec. 63-34. Appeals.
Final, written decisions of the village manager suspending a permit, denying an
application for a registration or denying an application for renewal of a registration are
subject to appeal. An appeal must he 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 t-�e next
regularly scheduled meeting and shall consider whether the a�nellant �;� meets the
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 construct. 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 further 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 pernuts 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 viilage 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 village 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. Above sround
communications facilities and wireless communications facilities shall be made of
materials and colors that blend with their surroundings and minimize their visual
imnact. Stealth desien is stronglv encouraged and shall be utilized whenever
---_ _ _
nossible. The use of folia�e and ve�etation around �round eauinment mav be
reauired bv the villa�e based on conditions of t he snecific area where the �round
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eauinment is to be located. In order to avoid the clusterin� of multinle items of
�round equinment in a sin�le area. only one �around eauinment box mav be nlaced
within 200 linear feet of ri�ht-of-wav. Individual ound eauinment boxes shall
not exceed three feet wide. bv two feet deeb bv five feet high in size. The height
of wireless communications facilities shall be no �reater than the hei�ht of anv
other communications facilities located in the same or similar tvpe ri�hts-of-wav
within the villa�e.
(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 alter its construction schedule as
necessary so as to minimize disruptions and disturbance in the public rights-of-
way.
(� Maintenance. A registrant shall maintain its communications facilities wireless
communications facilities or utilities in the public rights-of-way in a safe
condition.
(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. (1-800-432-477Q) or any successor alert and
warning system to protect and locate its underground equipment.
(h) Removal of registrant's communications _facilities, wireless communications
acil'ties ar 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 wire ess
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 expiratian 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. All restoration work shall be
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comnleted within 30 davs of the comnletion of the work authorized bv the nermit.
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The re�istrant shall warrant its restaration for a neriod of 12 months after
completion of such restoration.
(j) Interference with other 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 representations 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 any performance of work or costs incurred by registrant
or provision of services shall be at registrant's sole risk.
(1) 1l�aps. Within 30 days of a request by the village, the registrant shall provide the
village with electronic copies of maps e�-c�s� 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 proprieta.ry confidential information be required to
be disclosed pursuant to this section, except that the location of communications
facilities, wireless communications facilities or utiiities previously placed in the
public right-of-way shall not be deemed proprietary confidential information.
(m)Relocation affacilities and reservation of the village's rights.
(1) The viliage reserves the right to lay, and permit to be laid, sewer, gas,
water, electric, storm drainage, telecommunieations, 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. (1-80Q-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 charige, 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 plaees 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,
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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 insta.11ing, 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
communications facilities or utilities may be relocated by the village and
the cost thereof recovered from the registrant, where allowed by F.S. §
337.403, as it may be amended.
(n) Arterial ri�hts of wav. Communications facilities shall be located in arterial
ri�?hts-of-wav whenever nossible. Placement of communications facilities in
rights-of-wav other than arterial ri�hts-of-wav shall be iustified bv an en�ineering
alvsis from the annlicant to the satisfaction of the villa�e ensineer brior to the
issuance of anv nermit. Whenever communications facilities or wireless
communications facilities must be nlaced in a ri�ht-of-wav with residential uses
on one or both sides, neither noles, eauinment, antennas or other structures shall
be nlaced directiv in front of a residential structure. If a ri�ht-of wav has
residential structures on onlv one side, the communications facilities or wireless
communications facilities shall be located on the onbosite side of the ri�ht-of-
wav. All communications facilities and wireless communications facilities shall
be located such that views from residential structures are not si�nificantiv
imnaired. Newlv instalIed boles should be located in areas with existin� falia�e
or other aesthetic features in order to obscure the view of the pole.
(o) Public hearin�s. Prior to the issuance of anv nermit nertainin� to the nlacement
and maintenance of communication facilities or wireless communications
facilities within the nublic ri�hts-of-wav, the re�istrant shall issue notice of the
work to pronertv owners who adioin such rishts-of-wav (the "notification area"1
as well as the date. time and nlace of a nublic hearin� to be held bv the re�istrant
for the vuraose of receivin� t�ublic comments re�ardin� the annlication. The
notification area mav be exnanded at the villa�e's discretion and notice shall be
effected in a manner deemed anbronriate by_ the villa�e mana�er or desi�nee.
Followin� the nublic hearing. and nrior to the issuance of anv nermit the
re�istrant shall meet with villa�e staff to review comments received at the nublic
earin�, and attemnt to resolve all ne�ative comments or issues raised.
Sec. b3-36. Insurance and indemnification.
(a) Indemnifzcation. 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,
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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 abligations, or portions or applications thereof, shall
apply to the fullest extent permitted by law but in no event shail they apply to
liability caused by the negligence or willful misconduct of the village, its
respective agents, servants, employees or officers,
=e���:-�-�5:���e-� Nothin� contained in this section shall be
nstrued 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
vill �e to be sued: or (31 as a waiver of sovereisn immunitv bevond the waiver
rovided 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:
(lj 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 damage fram perils of explosion, 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
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. ��-37 Reservation of rig ts.
(a) The village reserves the risht to amend this article as it shall find necessarv in the
lawful exercise of its nolice nowers.
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(b) This article shall be annlicable to all communications facilities and wireless
co�nunications facilities nlaced in the nublic ri�hts-of-wav on or after the
effective date of this article and sha.11 abniv to all existing communications
facilities and wireless communications facilities nlaced in the nublic ri�
wav brior 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 this article shall be construed to make or hold the village
resnonsible or liable for anv dama�e to nersons or anv nronertv whatsoever, from anv
cause whatsoever arising 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 reinsnect. Nor
shall the issuance of anv nermit or the annroval o disa nnroval of anv nlacement or
_ --------- -- -
maintenance of the re�istrant's communications facilities wireless communications
f acilities or utilities as authorized herein constitute anv renresentation. �uarantee or
warrantv of anv kind bv. nor create a�nv liabilitv unon, the villa�e or anv official. a�ent or
emnlovee thereof.
Sec. 63-39. Pass-throu�h nrovider fees and char�es.
----__
�a ass-throueh nroviders shall nav to the villa�e on an annual basis an amount
eaual to Five Hundred Dollars ($500.001 ber linear mile or nortion thexeof of
communications facilities or wireless communications facilities nlaced andJor
maintained in the villa�e's ri�hts-of-wav. For nuraoses of this section. the
villa�e's ri�hts-of-wav do not include rights-of-wav that extend in or throu�h the
villa�e but are state. countv or another autk�oritv's ri�hts-of wav.
� The amounts charged bursuant to this section shall be based on the linear miles of
ri�hts-of-wav where communications facilities or wireless communications
facilities are nlaced, not based on a summation of the len�hs of individual cables
_ _ _ ____-
conduits, strands or fibers.
�c Anv annual amount char�ed shall be reduced for a prorated nortion of anv 12
month neriod during which the nass-throueh nrovider remits ta.xes imnosed bv the
village nursuant to Chanter 202. F.S, ^
�d Annual navments sha11 be due and navable on March 1 of each vear. Fees not
�aid within ten (10) davs after the due date shall bear interest at the rate of one 11)
nercent ner month from the date due until naid. The accentance of anv ba.vment
reauired ereunder bv the village shall not be construed as an acknowled�ement
that the amount naid is the correct amount due. nor shall such accentance of
navment be construed as a release of anv claim which the villaee mav have for
additional sums due and bavable. All fee bavments shall be subiect to aud�t bv
the villase, and assessmer�t 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 vil�a�e
uch additional Aavment shall be subiect to interest at the rate of one (11 nercent
per month until the date navment is made.
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�e If the navments reauired bv this section are not made within ninetv (901 davs after
the due date, the villa�e mav withhold the issuance of anv nermits to the re�istrant
until the ount bast due is ti�id in full
Sec. 63-4Q �. Penalties for violation.
Any violation of any of the provisions of this 'cle Et�� 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 registrant
�e��, and/or by any other means allowed by law. These remedies shall be cumulative.
Secs. 63-4� 35-63-50. 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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