HomeMy Public PortalAbout09-11-2020 Agenda with back-upMAYOR:
VICE MAYOR:
COMMISSIONER:
Scott W. Morgan
Thomas M. Stanley
Paul A. Lyons, Jr.
Joan K. Orthwein
Donna S. White
September 4, 2020
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF
THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 11, 2020 AT 4:00 P.M.
IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA. THIS TOWN COMMISSION MEETING WILL BE
CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY. THE MEETING CAN BE
ACCESSED ONLINE VIA WWW.GOTOWEBINAR.COM, INCLUDING ALLOWING FOR PUBLIC
COMMENT. PLEASE SEE BELOW FOR DETAILS.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting of August 14, 2020.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. October 9, 2020 at 9:00 A.M.
2. November 13, 2020 at 9:00 A.M.
3. December 11, 2020 at 9:00 A.M.
4. January 8, 2021 at 9:00 A.M.
5. February 12, 2021 at 9:00 A.M.
6. March 12, 2021 at 9:00 A.M.
B. Budget Meetings
1. September 11, 2020 at 5:01 P.M.
2. September 22, 2020 at 5:01 P.M.
VII. Communication from the Public (3 min. maximum)
VIII. Reports.
A. Town Manager
1. Utility Undergrounding
2. Update-AlA Water Main Project
3. Update -Minor Road & Drainage Repairs (Core Area)
4. Update -Water View Lane Development
B. Architectural Review & Planning Board
1 Meeting Dates
a. September 24, 2020 at 8:30 A.M.
b. October 22, 2020 at 8:30 A.M.
c. November 19, 2020 at 8:30 A.M.
d. December 17, 2020 at 8:30 A.M.
e. January 28, 2021 at 8:30 A.M.
f. February 25, 2021 at 8:30 A.M.
C. Finance Director
1. Financial Report for August 2020
D. Police Chief
1. Activity for August 2020
IX. Items for Commission Action.
A. Ordinance No. 20/5; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE TOWN CODE
AGENDA CONTINUED
OF ORDINANCES BY AMENDING CHAPTER 34, ARTICLE VI, ENTITLED
"UNDERGROUNDING OF UTILITIES," SECTIONS 34-103 - 34-109;
AND BY REPEALING AND REPLACING APPENDIX A -
TELECOMMUNICATIONS ORDINANCE OF THE CODE OF ORDINANCES,
KNOWN AS THE "TOWN OF GULF STREAM TELECOMMUNICATIONS
ORDINANACE," WITH A NEW APPENDIX A ENTITLED "GULF STREAM
COMMUNICATIONS RIGHTS -OF -WAY ORDINANCE"; PROVIDING INTENT
AND PURPOSE, APPLICABILITY AND AUTHORITY TO IMPLEMENT;
PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION FOR
PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHTS -OF -WAY; PROVIDING REQUIREMENT OF A PERMIT;;
PROVIDING APPLICATION REQUIREMENTS AND REVIEW PROCEDURES;
PROVIDING FOR BONDS; PROVIDING FOR CONSTRUCTION METHODS;
PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS;
PROVIDING FOR FEES AND TAXES; PROVIDING ENFORCEMENT
REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICTS; PROVIDING AN EFFECTIVE DATE.(2nd READING &
ADOPTION)
B. Items by Mayor & Commissioners
X. Adjournment.
Interested persons may attend the Town Commission Meeting online via the
Town of Gulf Stream, GoToStage Channel at
https://got.ostage.com/channe1/048c213aeb944472ab203904e30ccbdd from
their computer, tablet or smartphone. Interested persons may register as
an attendee to participate in the meeting by going to
https://attendee.gotowebinar.com/register/3397409975325169166
or directly to www.joinwebinar.com and enter meeting code 869-226-795.
To receive additional information about this meeting, contact Renee
Basel at (561) 276-5116 or rbasel(rgulf-stream.org.
Written or other physical evidence must be submitted via email to
rbasel@gulf-stream.org or faxed to (561)737-0188 no later than five (5)
working days prior to the meeting.
Public comments can also be emailed to rbasel@gulf-stream.org; faxed to
(561)0737-0188; or called in to (561)276-5116 no later than 8:00 a.m.
the day of the meeting
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
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JOB NO.
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SHEET NO.
1 OF 6
SUNSHINE STATE ONE CALL OF FLORIDA, INC.
Gulf Stream Police Department
Activity Report
From 8/1/2020 Through 8/31/2020
Activity
ALARMS
ARRESTS (DOMESTIC)
ASSIST OTHER DEPARTMENT
ATTENDED DEATH
DIRECTED PATROL
DOMESTIC VIOLENCE
DISTURBANCE
FOUND PROPERTY
POLICE SERVICE
SUSPICIOUS INCIDENT
SUSPICIOUS PERSON 1
TOWN ORDINANCE VIOLATION 42
TOWN ORDINANCE VIOLATION (DOG) 1
TRAFFIC COMPLAINT 1
TRAFFIC CONTACTS 91
Count
12
1
10
1
135
1
1
2
12
4
Gulf Stream Police Department
Activity Report
From 8/1/2019 Through 8/31/2019
Activity
ALARMS
ASSIST OTHER DEPARTMENT
BURGLARY AUTO
DIRECTED PATROL
FOUND PROPERTY
POLICE SERVICE
SUSPICIOUS INCIDENT
SUSPICIOUS PERSON
SUSPICIOUS VEHICLE
THEFT (PETIT)
TOWN ORDINANCE VIOLATION 32
TRAFFIC COMPLAINT 2
TRAFFIC CRASH 2
TRAFFIC CONTACTS 114
Count
14
15
2
137
1
14
3
I
1
1
ORDINANCE NO. 20/5
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY
AMENDING CHAPTER 34, ARTICLE VI, ENTITLED "UNDERGROUNDING OF
UTILITIES," SECTIONS 34-103 — 34-109; AND BY REPEALING AND
REPLACING APPENDIX A - TELECOMMUNICATIONS ORDINANCE OF THE
CODE OF ORDINANCES, KNOWN AS THE "TOWN OF GULF STREAM
TELECOMMUNICATIONS ORDINANCE," WITH A NEW APPENDIX A
ENTITLED "GULF STREAM COMMUNICATIONS RIGHTS -OF -WAY
ORDINANCE"; PROVIDING INTENT AND PURPOSE, APPLICABILITY AND
AUTHORITY TO IMPLEMENT; PROVIDING DEFINITIONS; PROVIDING FOR
REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHTS -OF -WAY; PROVIDING REQUIREMENT
OF A PERMIT; PROVIDING APPLICATION REQUIREMENTS AND REVIEW
PROCEDURES; PROVIDING FOR BONDS; PROVIDING FOR
CONSTRUCTION METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE
DESIGN STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING
ENFORCEMENT REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Town of Gulf Stream ("Town") staff periodically reviews Town Ordinances and makes
recommendations to the Town Commission to revise its Ordinances; and
WHEREAS, the Town Commission of the Town of Gulf Stream has determined that the following
amendments promote and protect the general health, safety and welfare of the residents of the Town of
Gulf Stream by regulating the siting of communications facilities and utility poles within the public rights -of -
way; and
WHEREAS, this Ordinance accommodates the growing needs and demand for communications
services; and
WHEREAS, this Ordinance seeks to address expressly new communications facilities and
technologies, while also protecting, preserving, and maintaining the public safety and aesthetic characters
of areas where such public rights -of -way exist; and,
WHEREAS, in Fiscal Year 2010-2011, the Town voted to undertake the major project to
underground all above ground utility lines Town -wide, including electric utility transmission and distribution
lines ("undergrounding project"). This included the portion of the Town that lies along State Road A1A,
locally known as North Ocean Boulevard; and
WHEREAS, in 2012, the Town's residents approved a referendum to create an assessment to
finance the undergrounding project; and
WHEREAS, the undergrounding project has been substantially completed, with the electric utility,
cable television, and communications facilities being relocated underground and removing all utility poles;
and
WHEREAS, the Town is located on a coastal barrier island as defined in F.S.
Section. 161.053(1)(b)3., has a land area of less than five (5) square miles, and has less than 10,000
residents; and
WHEREAS, F.S. §337.401 addresses inter alia, the authority of local governments to regulate the
placement and maintenance of communications facilities in the public rights -of -way; and
WHEREAS, rules and regulations imposed by a local government relating to communications
service providers that desire to place or maintain communications facilities in its rights -of -way must be
generally nondiscriminatory and competitively neutral; and
WHEREAS, on October 19, 2001, the Town Commission adopted Ordinance No. 01-3, known as
the Town of Gulf Stream Telecommunications Ordinance, codified as Appendix A to the Town Code of
Ordinances; and
WHEREAS, F.S. Chapter 202, known as the "Communications Services Tax Simplification Law,"
addresses the taxes and fees applicable to communications services in Florida; and
WHEREAS, F.S. Chapter 610, adopted in 2007, addresses the provision of cable and video service
in Florida, and provides in F.S. Section 610.102, that the Florida Department of State is the franchising
authority for a state -issued franchise for the provision of cable or video service and that a municipality or
county may not grant a new franchise for the provision of cable or video service within its jurisdiction; and
WHEREAS, F.S. §610.114(2) provides: "Notwithstanding any other provision of law, a municipality
... may require the issuance of a permit in accordance with and subject to s. 337.401 to a certificateholder
that is placing and maintaining facilities in or on a public right-of-way in the municipality or county. In
accordance with s. 337.402, the permit may require the permit holder to be responsible, at the permit
holder's expense, for any damage resulting from the issuance of such permit and for restoring the public
right-of-way to its original condition before installation of such facilities. The terms of the permit shall be
consistent with construction permits issued to other providers of communications services placing or
maintaining communications facilities in a public right-of-way."; and
WHEREAS, F.S. §337.401(3)(g) provides that a local government may not use its authority over
the placement of facilities in its rights -of -way as a basis for asserting or exercising regulatory control over
a provider of communications services regarding matters within the exclusive jurisdiction of the Florida
Public Service Commission or Federal Communications Commission, including, but not limited to, the
operations, systems, qualifications, services, service quality, service territory, and prices of a provider of
communications services; and
WHEREAS, in 2017, the Florida Legislature enacted and the Governor approved the Advanced
Wireless Infrastructure Deployment Act, F.S. §337.401(7) ("Small Cell Statute"); and
WHEREAS, the Small Cell Statute creates new requirements and allowances for local
governments relating to the installation of utility poles in the public rights -of -way to collocate small wireless
facilities, and the placement and maintenance of small wireless facilities and micro wireless facilities in the
public rights -of -way; and
WHEREAS, the Small Cell Statute provides that a local government may adopt by ordinance
objective design standards requiring a small wireless facility to meet reasonable location context, color,
stealth, and concealment requirements, objective design standards requiring a new utility pole intended to
support the collocation of small wireless facilities that replace an existing facility to be of substantially similar
design, material, and color, and reasonable spacing requirements concerning the location of ground -
mounted equipment; and
WHEREAS, the Small Cell Statute also provides that a local government may adopt by ordinance
provisions for insurance coverage, indemnification, performance bonds, security funds, force majeure,
abandonment, municipal liability, and municipal warranties provided such provisions are reasonable and
nondiscriminatory; and
WHEREAS, in 2019, the Florida Legislature enacted and the Governor approved CS/CS/CS/SB
1000 ("SB 1000"), amending F.S. §337.401, including portions of the Small Cell Statute; and
WHEREAS, it is the Town Commission's intent to exercise its authority over the placement and
maintenance of communications facilities in its rights -of -way to the full extent consistent with applicable
state and federal law; and
WHEREAS, it is the Town Commission's further intent to treat each such communications services
provider in a reasonable, nondiscriminatory, and competitively neutral manner in exercising such authority
to the extent consistent with applicable law; and
WHEREAS, the Town's rights -of -way are essential for the travel of persons and the transport of
goods throughout the Town and are a unique and physically limited resource requiring proper management
by the Town in order to ensure public safety, maximize efficiency, minimize costs to Town taxpayers for the
foregoing uses, reasonably balance the potential inconvenience to and negative effects upon the public
from the placement and maintenance of communications facilities in the rights -of -way against the
substantial benefits that accrue from such placement and maintenance, and promote the public health,
safety and general welfare; and
WHEREAS, a duly noticed public hearing as required by law was held by the Town Commission of
the Town of Gulf Stream, at which public hearing all residents and interested persons were given an
opportunity to be heard; and
WHEREAS, the Town Clerk submitted notice of the first hearing on this proposed Ordinance to the
Florida Secretary of State, consistent with F.S. §337.401(3)(d); and
WHEREAS, the Town Commission has reviewed the regulations set forth in this Ordinance and
has determined that such regulations are consistent with the Town's plans.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA:
SECTION 1. The foregoing WHEREAS clauses are ratified and incorporated as the legislative
intent of this Ordinance.
2
SECTION 2. The Town Commission hereby amends Chapter 34, Article VI, Entitled
"Undergrounding of Utilities" Sections 34-103 — 34-109; of the Code Of Ordinances, Town Of Gulf Stream,
Florida, as follows':
Chapter 34, ARTICLE VI. — UNDERGROUNDING OF UTILITIES
Sec. 34-103. - Poles, overhead wires and associated structures unlawful.
Except as otherwise specifically provided in this article, all facilities for providing electrical power,
telecommunications, video, cable television, Internet, broadband, and similar services (collectively, as used
herein, "utility facilities") located within the jurisdiction of the town shall be placed underground. Poles,
overhead wires and associated overhead structures shall not be permitted except as specifically provided
in this article.
This section shall apply to all new utility facilities located or desiring to locate within town or state rights -
of -way within the town, as well as in easements or on private properties, as well as to any relocation,
refurbishment, reconstruction, or restoration of utilities already located within the town, except for temporary
restoration of service under emergency conditions, e.g., following a hurricane or similar natural event that
damages overhead utility facilities.
Sec. 34-104. - Existing utilities.
Utility Facilities existing within the town as of the date of the adoption of the ordinance from which this
article derives pursuant to franchise, license or agreement with the town shall be required to be placed
underground upon expiration of the franchise, license or agreement with the town, or in the event of
replacement of the utility facilities or a substantial portion of the utility facilities, whichever occurs sooner.
Above ground utility facilities existing as of the date of the adoption of the ordinance from which this article
derives pursuant to franchise, license or agreement with the town or applicable law may be placed
underground before or after expiration of the franchise, license or agreement with the town, subject to
negotiation and agreement with the town and the utility, or, if and to the extent applicable, pursuant to
applicable rules of the Florida Public Service Commission and a public utility's tariffs implementing those
rules.
Sec. 34-105. - Private property owner's responsibility.
All utility facilities for all new construction and for reconstruction shall be required to be placed
underground. In addition, utility facilities for properties subdivided subsequent to the adoption of this article
shall be placed underground, including all distribution lines, service laterals, and other appurtenances
associated with connecting the property owner's property to the utility's facilities. The property owner is also
required to arrange for the service entrances for all utility services to be constructed so as to accept and be
fully compatible with underground service.
Sec. 34-106. - Permit required.
Except as otherwise required by law or provided in an existing franchise, license or agreement, a
permit shall be required from the town for the placement of any utility within the rights -of -way located within
the town, consistent with applicable state law and Ordinances of the Town, including but not limited to the
Town's Communications Rights -of -Way Ordinance in Appendix A. The permit shall be nonexclusive and
consistent with federal, state and local law, shall be conditioned upon the payment by the utility to the town
an amount to be determined by subsequent resolution, as may be amended from time to time, for use of
the rights -of -way, said fee to be determined in a nondiscriminatory manner, and consistent with applicable
state law and Ordinances of the Town including but not limited to the Town's Communications Rights -of -
Way Ordinance in Appendix A.
Sec. 34-107. - Time limitation on connection.
Within three months after written notice is given by the town or by the applicable utility provider that
service is available from underground utility facilities, all owners of property where service is available from
such facilities shall connect to the underground facilities.
Sec. 34-108. - Exceptions.
Unless otherwise provided, this article and any resolution adopted pursuant hereto shall not apply to
the following types of facilities:
(1) Poles and associated overhead structures used exclusively for street lighting or signalization. This
exemption shall not apply to wiring for street lighting which is required to be underground.
(2) Overhead wires, electric supply conductors, cable, fiber, or similar facilities owned by the property
owner and attached to the exterior surface of the property owner's building by means of a bracket
or other fixture and extending from one location on the building to another location on the same
building or to an adjacent building without crossing any public street.
Wireless communications facilities, including wireless communications towers, antennas, and
associated equipment in the public rights -of -way.
shall be
governed by the Communications Rights -of -Way Ordinance, contained in Appendix A. Wireless
communications facilities, including wireless communications towers, antennas, and associated
equipment on private or other property outside of the public rights -of -way shall be governed by
Chapter 66, Zoning, Article VIII, Division 8, entitled Wireless Communications Towers and
(3)
' Words stricken -through are intended to be deleted; words underlined are intended to be added.
3
Antennas. Backhaul wireline facilities associated with wireless communications facilities shall be
located underground.
(4) Town -operated cameras and security equipment.
(5) Pad mounted transformers, junction boxes, and service terminals on pedestals above ground
used to distribute electrical, communication and community antenna television or similar or
associated service in the underground systems.
(6) Temporary poles, overhead wires and associated overhead structures located on private property
used solely during the course of construction on that private property.
Temporary poles, wires, electric conductors, telephone or other communications cable, fiber optic
cable and associated overhead facilities to provide temporary or emergency service installed
subject to the provisions of the Town Coders --article.
(7)
Sec. 34-109. - Penalties.
Any utility violating the terms of this article shall be subject to having its permit revoked, shall remove
any overhead structures, conductor, cable, conduit, wiring or other facilities which are in violation hereof,
and shall be subject to the penalties set forth in the Town Code, including but not limited to, Town's
Communications Rights -of -Way Ordinance set forth in Appendix A, and Code Enforcement Ordinance,
section 2-66 of the Town Code1 11 and subject to the jurisdiction of the town's code enforcement board,
and also subject to other appropriate legal or equitable remedies at law. For purposes of this section, each
pole, wire, transformer or other object placed above ground in violation of this article shall be considered a
separate violation.
Any property owner in violation of this Code shall be subject to the penalties set forth in section 1-15
and shall be subject to the jurisdiction and penalties of the code enforcement board and also subject to
other appropriate legal or equitable remedies at law.
SECTION 3. The Town Commission hereby repeals in its entirety Appendix A to the Code of
Ordinances, entitled "Town of Gulf Stream Telecommunications Ordinance" and a new Appendix A, entitled
"Gulf Stream Communications Rights -of -Way Ordinance," is hereby created to read as follows:
Sec. 1. Short title.
This Ordinance shall be known and may be cited as the "Town Communications Rights -of -Way
Ordinance."
Sec. 2. Intent and purpose; Applicability; Authority to Implement.
(a) Intent and purpose.
It is the intent of the Town to promote the public health, safety and general welfare by providing for
the placement and maintenance of communications facilities in the public rights -of -way within the
Town; adopting and administering reasonable rules and regulations not inconsistent with state and
federal law, including the United States and Florida Constitutions, F.S. §337.401, as it may be
amended, the Town's home -rule authority, and in accordance with the provisions of the Federal
Telecommunications Act of 1996, §6409(a) of the Spectrum Act of 2012, (codified as 47 U.S.C.
§1455(a)), FCC regulations, and other federal and state law; establishing reasonable rules and
regulations necessary to manage the placement and maintenance of communications facilities in
the public rights -of -way by all communications services providers after the effective date of this
section; and minimizing disruption to the public rights -of -way. In regulating its public rights -of -way,
the Town shall be governed by and shall comply with all applicable federal and state laws.
(b) Applicability.
This Ordinance shall apply to all facilities for communications services placed or
maintained in the Town public rights -of -way pursuant to F.S. §337.401, including but not
limited to any person holding a certificate of franchise authority pursuant to F.S. §610.103,
communications services providers, pass -through providers, and wireless providers. To
the extent not prohibited by applicable law, this Ordinance shall apply to all applications
pending at the time of adoption of this Ordinance, to place or maintain communications
facilities in the public rights -of -way. Persons seeking to place or maintain communications
facilities on private property or other property to which the Town, any municipality, Palm
Beach County, Palm Beach County School Board, State of Florida, or federal government
has a fee -simple or leasehold interest in real property, not within and exclusive of the public
rights -of -way, located within the jurisdictional boundaries of the Town shall comply with the
applicable provisions of Chapter 66, Zoning, Division 8, Wireless Communications Towers
and Antennas, to the extent it applies, unless such property is addressed expressly in this
Ordinance. This Ordinance is not applicable to communication facilities outside the public
rights -of -way, unless addressed expressly herein. Pursuant to this Ordinance, a person
may be authorized to place or to maintain small wireless facilities, micro wireless facilities,
utility poles for collocation of small wireless facilities, fiber, coaxial cable, and backhaul
facilities in the Town public rights -of -way. Wireless support structures,
telecommunications towers and other wireless facilities, including but not limited to an
antenna that is not part of a small wireless facility or micro wireless facility, shall not be
4
allowed to be placed or maintained in the public rights -of -way, to the extent not inconsistent
with applicable law. This Ordinance applies to the placement of conduit, fiber or cable for
the purpose of providing backhaul or communications service. Consistent with F.S
§337.401, this Ordinance applies to a cable or video service provider that has been issued
and holds a certificate of franchise authority from the Florida Department of State pursuant
to F.S. §610.103, that places or maintains a cable system or wireline facilities in the Town's
public rights -of -way. Rules or regulations imposed by the Town relating to providers of
communications services placing or maintaining communications facilities in its roads or
rights -of -way shall be generally applicable to all providers of communications services, to
the extent federal or Florida law does not require different treatment. Florida law requires
that the Town's rules and regulations take into account the distinct engineering,
construction, operation, maintenance, public works, and safety requirements of the
provider's facilities. Accordingly, in the exercise of the Town's authority, as required by
Florida law, this Ordinance provides different regulations applicable to various
communications facilities. This Ordinance does not apply to electric utility poles for an
electric distribution system located in the Town public rights -of -way pursuant to a valid
franchise agreement with the Town. However, collocation of small wireless facilities on
such utility poles and any utility poles not for an electric distribution system placed or
maintained by a Town franchised utility in the public rights -of -way will be governed by the
applicable provisions of this Ordinance. Ordinances approving a franchise agreement and
a valid franchise agreement with an electric utility shall remain in full force and effect,
notwithstanding any provision of this Ordinance. This Ordinance shall not apply to
communications facilities owned by the Town or to communications facilities owned by a
person, including an electric cooperative, to the extent such facilities are utilized solely on
an internal, non-commercial basis by said person.
(1) This Ordinance implements inter alia, F.S. §Section 337.401, as amended,
including the Advanced Wireless Infrastructure Deployment Act, F.S. §337.401(7)
("Small Cell Statute"). By adopting this Ordinance, the Town does not waive any
rights including any rights that may exist under federal law, the Florida Constitution
and the U.S. Constitution. In the event F.S. §337.401, is repealed, amended, or
overturned by a court of competent jurisdiction, or preempted by applicable federal
law or regulation, in whole or in part, provisions of this Ordinance may no longer
apply, in which case pending and future applications or requests for
communications facilities in the public rights -of -way will be governed by applicable
law. In addition, permits issued pursuant to this Ordinance may be suspended or
revoked, and facilities installed pursuant to permits issued pursuant to this
Ordinance or without permits as authorized by this Ordinance may be required to
be removed at the facility owner's expense, to the extent consistent with applicable
law. It is the Town's intent not to create any vested rights in placing and maintaining
communications facilities in the public rights -of -way as a result of this Ordinance
or any permit issued pursuant to this Ordinance, to the extent not inconsistent with
applicable law.
(2) To the extent any provision of this Ordinance conflicts with the Code of Ordinances
or Zoning Code of the Town of Gulf Stream, including but not limited to Chapter
66, Zoning, Article VIII Division 8, Wireless Communications Towers and
Antennas, this Ordinance shall control.
(3)
This Ordinance shall be applicable to all communications facilities placed in the
public rights -of -way on or after the effective date of this Ordinance, all pending
applications for permits subject to this Ordinance, and all existing communications
facilities placed in the public rights -of -way prior to the effective date of this
Ordinance, to the full extent permitted by state and federal law. A person with
existing communications facilities in the public rights -of -way shall comply with this
Ordinance by the earlier of the following: ninety (90) days from the effective date
of this Ordinance or prior to submitting an application for a permit pursuant to this
Ordinance. This provision shall not require the removal or alteration of existing
communications facilities placed or maintained in the public rights -of -way pursuant
to a previously issued permit or otherwise lawfully installed prior to the effective
date of this Ordinance unless such facilities are abandoned or otherwise required
to be altered or removed by the Town Manager, or pursuant to enforcement of this
Ordinance or applicable law.
(4) Reservation of rights. The Town reserves the right to amend this Ordinance as it
shall find necessary in the lawful exercise of its police powers.
(c) Authority to implement Ordinance. The Town Manager is authorized to adopt, to modify,
and to repeal rules and regulations, not inconsistent with this Ordinance, to carry out the
intent and purposes of this Ordinance.
Sec. 3. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and
derivations shall have the meanings given. Where not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number, and words
in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is
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permissive. Words not otherwise defined in this Ordinance or in any permit that may be granted pursuant
to this Ordinance shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. §151
et seq., as amended or §6409(a) of the Spectrum Act of 2012, 47 U.S.C. §1455(a) (collectively the
"Communications Act"), and if not defined in the Communications Act, as defined by Florida Statutes; and,
if not defined by Florida Statutes, as defined in the code, and if not defined in the code, shall be construed
to mean the common and ordinary meaning.
ABANDONMENT OR ABANDONED. The cessation of all uses of a communications facility for a period
of one hundred eighty (180) or more consecutive days provided this term shall not include the cessation of
all use of a communications facility within a physical structure where the physical structure continues to be
used for some purpose or use accessory to the communications facility. By way of example, cessation of
all use of a cable within a conduit, where the conduit continues to be used for some purpose or use
accessory to the communications facility, shall not be Abandonment of a communications facility. A wireless
infrastructure provider's failure to have a wireless service provider provide service through a small wireless
facility collocated on a utility pole within nine (9) months after the application is approved in accordance
with F.S. §337.401(7)(j) shall constitute abandonment. The terms Abandonment or Abandoned are not
intended to include a dropped line from a potential or existing customer in the event the communications
services provider reasonably anticipates future use of the dropped line.
ABUT. When used in conjunction with a lot or parcel of land or public right-of-way, means a lot or parcel
of land or public right-of-way that shares all or a part of a common lot line or boundary line with another lot
or parcel of land or public right-of-way.
ADJACENT PROPERTIES OR PROPERTIES ADJACENT. (i) Those lots or parcels of land that abut
another lot or parcel of land or public right-of-way that is contiguous to a communications facility site or
proposed site and (ii) the lots or parcels of land or public right-of-way that would be contiguous to lots or
parcels or public rights -of -way but for an intervening local or collector roadway.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals
used in providing wireless services.
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a
recognized national code organization or local amendments to those codes enacted solely to address
threats of destruction of property or injury to persons, including, but not limited expressly to the Florida
Building Code, National Electrical Code, National Electrical Safety Code, 2017 Edition of the Florida
Department of Transportation Utility Accommodation Manual ("2017 FDOT UAM"), the "Safety Rules for
the Installation and Maintenance of Electrical Supply and Communication Lines" established by the
Department of Commerce, Bureau of Standards of the United States, as may be amended, and Town codes
or ordinances, and standards and regulations, to the extent not inconsistent with the 2017 FDOT UAM and
Florida law.
APPLICANT. A registrant who submits an application.
APPLICATION. A request submitted by an applicant to the Town for a permit to collocate small wireless
facilities or to place a new utility pole used to support a small wireless facility in the public rights -of -way.
AS -BUILT PLANS. A set of final and complete drawings in a format as specified by the Town submitted
upon completion of a project, signed and sealed by professional surveyor or mapper as defined in Section
472.005, F.S., that reflects all changes made during the construction process, and shows the exact
dimensions, geometry and location of all elements of the work completed under the permit.
AUTHORITY. The Town to the extent it has jurisdiction and control of the rights -of -way of any public road.
The term does not include the Department of Transportation rights -of -way under the jurisdiction and control
of the department, which are excluded from F.S. §337.401(7).
AUTHORITY or TOWN UTILITY POLE. A utility pole owned by the Town in the public right-of-way. The
term does not include a utility pole owned by a municipal electric utility, a utility pole used to support
municipally owned or operated electric distribution facilities, or a utility pole located in the right-of-way within:
(a) A retirement community that:
(i) Is deed restricted as housing for older persons as defined in F.S. §760.29(4)(b).
(ii) Has more than 5,000 residents; and
(iii) Has underground utilities for electric transmission or distribution.
(b) A municipality that:
(i) Is located on a coastal barrier island as defined in F.S. §161.053(1)(b)3.;
(ii) Has a land area of less than 5 square miles;
(iii) Has less than 10,000 residents; and
(iv) Has, before July 1, 2017, received referendum approval to issue debt to finance
municipal -wide undergrounding of its utilities for electric transmission or distribution.
BACKHAUL FACILITIES. A physical transmission path, all or part of which is within the public rights -of -
way controlled by the Town or any government entity, used for the transport of communications data by
wire or fiber from a wireless facility to a network. A Backhaul Facility may also consist of an antenna,
including a microwave antenna, installed in the public rights -of -way pursuant to a permit, used for the
transport of communications data wirelessly from a wireless facility to a network.
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BELOW -GRADE COMMUNICATIONS FACILITY. Communications facilities, including manholes or
access points, that are entirely contained below grade within the public rights -of -way.
CLEAR ZONE. Consistent with the latest edition of the Florida Department of Transportation Index, the
roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles.
This area may consist of a shoulder, recoverable slope, non -recoverable slope, clear runout area, or
combination thereof. The width of the clear zone is dependent upon the traffic volumes and speeds, and
on the roadside geometry.
COLLOCATION OR COLLOCATE. To install, mount, maintain, modify, operate, or replace one or more
wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does
not include the installation of a new utility pole or wireless support structure in the public rights -of -way.
COMMUNICATIONS FACILITY or FACILITY or SYSTEM. Any permanent or temporary plant, equipment
and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae,
converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers,
appurtenances, wireless facilities, wireless support structure, wireline backhaul facilities, small wireless
facilities, micro wireless facility, and other equipment or pathway placed or maintained or to be placed or
maintained in the public rights -of -way of the Town and used or capable of being used to transmit, convey,
route, receive, distribute, provide or offer communications services. A utility pole intended for collocation
of a small wireless facility shall be considered a facility for purposes of this Ordinance.
COMMUNICATIONS SERVICES. The transmission, conveyance or routing of voice, data, audio, video, or
any other information or signals to a point, or between or among points, by or through any electronic, radio,
satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised,
including wireless services, regardless of the protocol used for such transmission or conveyance, and shall
also include cable service and video service as defined in F.S. §§610.103(1) and (11).
COMMUNICATIONS SERVICES PROVIDER. Any person making available or providing communications
services through the placement or maintenance of a communications facility in public rights -of -way, or a
wireless infrastructure provider.
COMMUNICATIONS SERVICES TAX. The local communications services tax authorized to be levied and
collected by counties and municipalities upon communication service providers for communications
services, pursuant to Section 202.19, F.S. as amended.
CONSOLIDATED PERMIT APPLICATION. A single permit application that would otherwise require
individual permit applications for the collocation of between two (2) and thirty (30) small wireless facilities
to existing structures within the public rights -of -way.
EXCAVATE or EXCAVATION. Consistent with the definition contained in F.S. §556.102(6), as it may be
amended, any manmade cut, cavity, trench, or depression in the earth's surface, formed by removal of
earth, intended to change the grade or level of land, or intended to penetrate or disturb the surface of the
earth, including land beneath the waters of the state, as defined in F.S. §373.019(22), and the term includes
pipe bursting and directional drilling or boring from one point to another point beneath the surface of the
earth, or other trenchless technologies.
EXTENSION OF EXISTING FACILITIES or EXTENSION. Those extensions from the public rights -of -way
into a customer's private property for purposes of placing a service drop or those extensions from the public
rights -of -way into a utility easement to provide service to a discreet identifiable customer or group of
customers. An extension of fiber or cable to serve a property with multiple customers, for example, a
commercial building with multiple tenants, shall not constitute an extension of existing facilities unless all
tenants are served by the owner of the facilities under one agreement.
FCC. The Federal Communications Commission.
FLORIDA BUILDING CODE. The Florida Building Code promulgated under F.S. Chapter 553 and includes
the applicable amendments thereto as both may be amended from time to time.
FLORIDA GREENBOOK. The latest edition of the Florida Department of Transportation Manual of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
FORCE MAJEURE EVENT. A cause or event not within a person's control that shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts
of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a
governmental agency or court. Causes or events within a person's control, and thus not constituting a force
majeure event for purposes of this Ordinance, shall include, without limitation, the financial inability to
perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of person's
directors, officers, employees, contractors or agents.
GRAFFITI. Any inscriptions, word, figure, painting or other defacement that is written, marked, etched,
scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any communications facility
whether or not authorized by the registrant of the communications facility. A wrap shall not be considered
graffiti.
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HISTORIC PROPERTY. Any prehistoric or historic district, site, building, structure, or object or other real
or personal property, of historical, architectural or archaeological value to preserve the character and scale
of the Town, as contained in Chapter 70 of the Code of Ordinances or as designated historic and/or scenic
under State law. These properties or resources may include, but are not limited to, roadways, sidewalks,
monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, engineering works,
treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof,
relating to the history, government, character, scale, or culture of the Town.
HOMEOWNERS' ASSOCIATION. An incorporated association whose members consist of owners of
single-family homes or condominium units that manage or control property owned by the association.
IN PUBLIC RIGHTS -OF -WAY or IN THE PUBLIC RIGHTS -OF -WAY. In, on, over, under or across the
public rights -of -way.
LICENSED ENGINEER. A Florida registered professional engineer, or person who is exempt from such
registration requirements as provided in F.S. §471.003.
LOT. A designated parcel of land established by plat, subdivision, or as otherwise permitted by law, to be
used, developed, or built upon as a unit.
MICRO WIRELESS FACILITY. A small wireless facility having dimensions no larger than 24 inches in
length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
ORDINANCE. This Ordinance, codified as Appendix A to the Town of Gulf Stream Code or Ordinances.
PARCEL. Any piece of real property that has a single parcel identification number assigned to it by the
Palm Beach County Property Appraiser.
PASS -THROUGH PROVIDER. Any person, as defined in F.S. §337.401(6)(a)1., who places or maintains
a communications facility in the public rights -of -way and who does not remit taxes imposed by the Town
pursuant to F.S. Chapter 202, as amended. A pass -through provider can also be a wireless infrastructure
provider as defined herein, and/or an owner of a communications facility pursuant to this Ordinance.
PERMIT. The public right-of-way permit that must be obtained before a person may construct in the public
right-of-way and shall include, but not be limited to, right-of-way engineering and construction permits
issued by the Town.
PERSON. Shall include any individual, children, firm, association, joint venture, partnership, estate, trust,
business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor,
assignee, transferee, personal representative, and all other groups or combinations, but shall not include
the Town.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING. To erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A
communications services provider that owns or exercises physical control over communications facilities in
public rights -of -way, such as the physical control to maintain and repair, is PLACING OR MAINTAINING
the facilities. To the extent required by applicable law, a party providing service only through resale or only
through use of a third party's unbundled network elements is not PLACING OR MAINTAINING the
communications facilities through which such service is provided. The transmission and receipt of radio
frequency signals through the airspace of the public rights -of -way is not PLACING OR MAINTAINING
facilities in the public rights -of -way.
PSC. The Florida Public Service Commission.
PUBLIC RIGHTS -OF -WAY. A public right-of-way, public easement, highway, street, bridge, tunnel,
waterway, dock, wharf, court, lane, path, or alley, or any other way for which the Town is the authority that
has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and
includes the surface, the air space over the surface and the area below the surface. PUBLIC RIGHTS -OF -
WAY shall not include private property. PUBLIC RIGHTS -OF -WAY shall not include any real or personal
Town property except as described above, and shall not include Town parks, buildings, fixtures, poles,
conduits, facilities or other structures or improvements, regardless of whether they are situated in the
PUBLIC RIGHTS -OF -WAY.
REGISTRANT or FACILITY OWNER. A communications services provider or other person that has
registered with the Town in accordance with the provisions of this Ordinance.
REGISTRATION and REGISTER. The process described in this Ordinance whereby a communications
services provider provides certain information to the Town.
REQUESTER. A person who submits a request pursuant to this Ordinance.
REQUEST. Any request other than an Application submitted by a person, associated with the placement
or maintenance of a communications facility other than the collocation of a small wireless facility or utility
pole for the collocation of a small wireless facility in the public rights -of -way. A Request includes, but shall
8
not be limited to, a request for approval of a registration, a request to place or maintain a communications
facility other than the collocation of a small wireless facility or utility pole for the collocation of a small
wireless facility in the public rights -of -way and includes for example, but is not limited to, a permit to
construct cable, fiber, conduit, backhaul facilities, pedestals, or a support structure that does not constitute
a utility pole for the collocation of a small wireless facility in the public rights -of -way.
SHROUD. A covering or enclosure of equipment associated with a small wireless facility, other than the
antenna, collocated on an existing structure or wireless support structure.
SIGNAGE. Any display of characters, ornamentation, letters or other display such as, but not limited to, a
symbol, logo, picture, or other device used to attract attention, or to identify, or as an advertisement,
announcement, or to indicate directions, including the structure or frame used in the display. The term
Signage shall not include identification of the owner and contact information of the wireless facility provider
or utility pole, or identification of wires, cables, etc. necessary to aid in safety or hazard work or maintenance
or repair work of the communications facility.
SMALL WIRELESS FACILITY. A wireless facility that meets the following qualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more than 6
cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all
of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more than 28
cubic feet in volume. The following types of associated ancillary equipment are not included in the
calculation of equipment volume: electric meters, concealment elements, telecommunications
demarcation boxes, ground -based enclosures, grounding equipment, power transfer switches,
cutoff switches, vertical cable runs for the connection of power and other services, and utility poles
or other support structures.
SMART TECHNOLOGY. The Town's present and future technology to support the Town's smart
technology initiatives, including but not limited to, sensors and smart lights, fiber, CCTV cameras, digital
signage, data sharing with traffic applications, smart solar -powered charging stations, emergency alert
applications and other initiatives over time.
STEALTH DESIGN. A method of camouflaging any tower, antenna or other communications facility,
including, but not limited to, supporting electrical or mechanical equipment, or utility pole which is designed
to enhance compatibility with the surrounding neighborhood and be as visually unobtrusive as possible.
SURROUNDING NEIGHBORHOOD. The area within a five hundred (500) foot radius of a communications
facility site or proposed communications facility site.
TOWN. The Town of Gulf Stream, Florida, a municipal corporation of the State of Florida, in its present
form or in any later reorganized, consolidated, or enlarged form.
TOWN MANAGER. The Town of Gulf Stream, Florida, Town Manager or his/her designee.
UTILITY. Any electric transmission, voice, telegraph, data, or other communications services lines or
wireless facilities; pole lines; poles; railways; ditches; sewers; water, heat, or gas mains; pipelines; fences;
gasoline tanks and pumps; or other structures referred to in F.S. §§ 337.401, 337.402, 337.403, and
337.404 as the "utility."
UTILITY POLE. A pole or similar structure that is used in whole or in part to provide communications
services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes
the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights
or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height
or less unless an authority grants a waiver for such pole.
WIRELESS FACILITY. Equipment at a fixed location which enables wireless communications between
user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or
fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment,
regardless of technological configuration, and equipment associated with wireless communications. The
term includes small wireless facilities. The term does not include:
(a) The structure or improvements on, under, within, or adjacent to the structure on which the
equipment is collocated;
(b) Wireline backhaul facilities; or
(c) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is
otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. A person who has been certificated under F.S. Chapter
364, to provide telecommunications service or under F.S. Chapter 610 to provide cable or video services
in the state, and such person's affiliate, and who builds or installs wireless communication transmission
equipment, wireless facilities, or wireless support structures but is not a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services provided using licensed or unlicensed spectrum, whether at a fixed
location or mobile, using wireless facilities.
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WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole, a guyed or self-
supporting tower, or another existing or proposed structure designed to support or capable of supporting
wireless facilities. The term does not include a utility pole, pedestal, or other support structure for ground -
based equipment not mounted on a utility pole and less than five (5) feet in height.
WRAP. An aesthetic covering depicting artistic or scenic imagery. Imagery in a wrap may not contain any
advertising.
Sec. 4. Registration For Placing Or Maintaining Communications Facilities in the Public Rights -Of -
Way.
(a) All persons, including, but not limited to a communications services provider, pass -through
provider, or wireless provider, seeking to place or maintain a communications facility,
backhaul facility, utility pole for collocation of a small wireless facility, or wireless support
structure in public rights -of -way in the Town pursuant to this Ordinance shall maintain an
effective registration with the Town in accordance with this Ordinance before being eligible
to receive a permit. Subject to the terms and conditions prescribed in this Ordinance and
approval of a permit, if required, a registrant may place or maintain a communications
facility in public rights -of -way. A communications services provider, pass -through provider,
or wireless provider with an existing communications facility in the public rights -of -way of
the Town as of the effective date of this Ordinance has ninety (90) days from the effective
date of this Ordinance to comply with the terms of this Ordinance, including, but not limited
to obtaining an effective registration, or be in violation thereof.
(b) Requirements for an effective registration. A person that places or maintains a
communications facility in the Town shall file an original registration, along with two
complete copies with the Town manager that shall include the following information:
(1) Name of the registrant;
(2) Name, address and telephone number of the registrant's primary contact person
in connection with the registration and name, address, telephone number and
email addresses of the registrant's primary contact person in the event of an
emergency or issue involving its facilities, which shall be monitored 24 hours per
day, 7 days per week.
(3)
A statement as to whether the registrant is a pass -through provider in the Town as
defined herein;
(4) Evidence of the insurance coverage required under this Ordinance;
(5)
Acknowledgment that registrant has received and reviewed a copy of this
Ordinance;
(6) A copy showing the number of the registrant's certificate of authorization issued by
the Florida Public Service Commission, the Florida Department of State, or the
FCC; and
(7)
The registrant's federal employer identification number.
(c) Insurance.
(1) Registrant shall provide, pay for and maintain satisfactory to the Town, the types
of insurance described herein. All insurance shall be from responsible companies
duly authorized to do business in the state of Florida and having a rating in Best's
Insurance Guide of A or better, or having a rating acceptable to the Town. All
liability policies shall provide that the Town is an additional insured in the
endorsement. The required coverages must be evidenced by properly executed
certificates of insurance forms. The certificates must be signed by the authorized
representative of the insurance company and shall be filed and maintained with
the Town annually. Thirty -days advance written notice by registered or certified
mail must be given to the Town of any cancellation, intent not to renew, or reduction
in the policy coverages. In addition to the certificate of insurance, the registrant
shall provide a copy of the insurance policy, if requested by the Town. A provider
of communications services may add the Town to any existing insurance policy
and the Town shall accept such proof of coverage without any conditions other
than consent to venue for purposes of any litigation to which the Town is a party.
(2) The limits of coverage of insurance required shall be not less than the following:
Worker's compensation and employer's liability. Insurance employer's
liability: Florida statutory requirements.
ii. Comprehensive general liability. Bodily injury and property damage:
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(3)
$3,000,000 combined single limit each occurrence. Said coverage shall
not exclude contractual liability, products/completed operations,
independent or contractors.
Automobile liability. Bodily injury and property damage: $3,000,000
combined single limit each accident.
iv. Umbrella or excess liability. Registrant may satisfy the minimum limits
required above for either commercial general liability, business auto
liability and employer's liability coverage under umbrella or excess liability.
The umbrella or excess liability shall have an aggregate limit not less than
the highest "each occurrence" limit for commercial general liability,
business auto liability or employer's liability. The Town shall be specifically
endorsed as an "additional insured" on the umbrella or excess liability,
unless the certificate of insurance states the umbrella or excess liability
provides coverage on a "follow -form" basis.
v. Self-insurance. Registrant may satisfy the insurance requirements and
conditions of this division under a self-insurance plan and/or retention if
acceptable to the Town in its sole discretion based on the Town's
evaluation of the registrant's ability to comply with the code. Registrant
agrees to notify the Town, and/or indicate on the certificate(s) of insurance
when self-insurance is relied upon or when a self -insured retention meets
or exceeds $100,000. The Town reserves the right, but not the obligation,
to request and review a copy of the registrant's most recent annual report
or audited financial statement, which the registrant agrees to furnish for
the purpose of determining the registrant's financial capacity to self -insure.
Right to review. Town, by and through its risk manager, reserves the right to
review, modify, reject or accept any required policies of insurance or self-
insurance, including limits, coverages, or endorsements herein from time to time
throughout the life of this Ordinance. Town reserves the right, but not the
obligation, to review and reject any insurer or self -insurer providing coverage
because of its poor financial condition or failure to operate legally.
(4) This Ordinance shall not be construed to affect in any way the Town's rights,
privileges and immunities as set forth in F.S. §768.28. Insurance under this
Ordinance shall run continuously with the presence of the registrant's facilities in
the public rights -of -way, and any termination or lapse of such insurance shall be a
violation of this Ordinance and subject to the remedies as set forth herein.
Notwithstanding the foregoing, the Town may, in its sole discretion, require
increased or decreased levels of insurance.
(d) Review of Registration. The Town shall review the information submitted for the
registration. If the information is in accordance with this subsection the Town shall notify
the requester of the effectiveness of registration in writing. If the Town determines that the
information has not been submitted in accordance with this subsection, the Town shall
notify the requester in writing of the non -effectiveness of registration, and reasons for the
non -effectiveness. The Town shall undertake to provide such notification within 30 days
after receipt of registration information. A notice of non -effectiveness of a registration shall
not preclude reapplying or filing subsequent requests for registration under the provisions
of this Ordinance.
(e) Regulations Applicable to Registrations.
(1) A registration shall not convey any title, equitable or legal, in the public rights -of -
way. Registration under this Ordinance governs only the placement or
maintenance of communications facilities in public rights -of -way. To the extent not
inconsistent with applicable law, registration does not excuse a communications
services provider from obtaining appropriate access or pole attachment
agreements before locating its facilities on the Town's or another person's facilities.
Within 90 days of any change in the information required to be submitted by a
registrant, a registrant shall provide updated information to the Town.
(2) Registration shall be nonexclusive. Registration shall not establish any right or
priority to place or maintain a communications facility in any particular area in
public rights -of -way within the Town. Registrations are expressly subject to any
future amendment to or replacement of this Ordinance, and further subject to any
additional Town ordinances, as well as any applicable state or federal laws.
(3)
Unregistered use of public rights of way. To the extent that a communications
services provider, wireless infrastructure provider or pass -through provider with
facilities in the public rights -of -way, is not registered as required herein, said
person shall register with the Town pursuant to this Ordinance within ninety (90)
days from the effective date of this Ordinance. No new permits shall be issued to
unregistered persons with communications facilities within the public rights -of -way
and such persons may be subject to the enforcement remedies.
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(4) Registration renewal. A registrant shall renew its registration with the Town by
September 30, every five years from the first September after the effectiveness of
the registration in accordance with the registration requirements in this Ordinance,
as may be amended. If no information in the then -existing registration has
changed, the renewal may state that no information has changed. Failure to renew
a registration may result in the Town restricting the issuance of additional permits
until the communications services provider has complied with the registration
requirements of this Ordinance. An existing effective registration pursuant to the
Town Code, prior to the effective date of this Ordinance shall continue to be
effective and the registrant shall comply with this Ordinance by the earlier of the
following: ninety (90) days from the effective date of this Ordinance, the renewal
of a registration as required herein, or prior to submitting an application for a permit.
Indemnification. A registrant shall, at its sole cost and expense, indemnify, hold
harmless and defend the Town, its officials, boards, members, agents and
employees, against any and all claims, suits, causes of action, proceedings,
judgments for damages or equitable relief, and costs and expenses incurred by
the Town arising out of the placement or maintenance of its communications
system or facilities in public rights -of -way, or otherwise caused by the registrant,
regardless of whether the act or omission complained of is authorized, allowed or
prohibited by this Ordinance, provided however, that a registrant's obligations
hereunder shall not extend to any damages caused solely by the negligence,
negligence, or willful acts of the Town and to the extent not inconsistent with
applicable law. In no event shall the Town be liable for any damage or destruction
to a communications facility placed in the Town public rights -of -way including on a
Town utility pole, to the extent not inconsistent with applicable law. This provision
includes, but is not limited to, the Town's reasonable attorneys' fees incurred in
defending against any such claim, suit or proceedings. Town agrees to notify the
registrant, in writing, within a reasonable time of Town receiving notice, of any
issue it determines may require indemnification. Nothing in this Ordinance shall
prohibit the Town from participating in the defense of any litigation by its own
counsel and at its own cost, if in the Town's reasonable belief there exists or may
exist a conflict, potential conflict or appearance of a conflict. Nothing contained in
this Ordinance shall be construed or interpreted:
(5)
as denying to either party any remedy or defense available to such
party under the laws of the State of Florida;
ii. as consent by the Town to be sued; or
as a waiver of sovereign immunity beyond the waiver provided in
F.S. §768.28, as it may be amended.
(6) A registrant may cancel a registration upon written notice to the Town that the
registrant will no longer place or maintain any communications facilities in public
rights -of -way, and will no longer need to obtain permits to perform work in the
public rights -of -way. A registrant shall not cancel a registration if the registrant
continues to place or maintain any communications facilities in public rights -of -
way.
(7)
Liens. No liens shall apply to public rights -of -way or Town property as a result of
the placement or maintenance of a registrant's facilities in the public rights -of -way
or on a Town utility pole. Any liens on a registrant's facilities shall be subordinate
to the rights of the Town pursuant to this Ordinance. In the event any liens are
filed on the Town property or public rights -of -way, the registrant shall discharge
such lien at its expense within ten (10) days of receiving notice, or the Town may
discharge such lien, and charge such costs plus reasonable attorney's fees to
registrant.
(8) A registrant shall pay any personal property or other taxes or assessments that
may be imposed on the registrant's facilities placed or maintained in the public
rights -of -way or on the Town's property including a utility pole as a result of a
registrant's collocation on a Town utility pole. A registrant shall reimburse the
Town for taxes paid by the Town as a result of a registrant's facilities being placed
or maintained in the public rights -of -way or on a Town utility pole.
(9) Reports and records.
(a) Upon reasonable request, a registrant shall provide the following
documents to the Town as received or filed:
Any pleadings, petitions, notices, and documents, which may
directly impact the obligations under this Ordinance and which are
reasonably necessary for the Town to protect its interests under
this Ordinance.
ii. Any request for protection under bankruptcy laws, or any
judgment related to a declaration of bankruptcy.
(b) The Town shall keep any documentation, books and records of the
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registrant confidential to the extent required under Florida Statutes.
(10) Termination of Registration. The Town may terminate a registration if:
(a) A federal or state authority suspends, denies, or revokes a registrant's
certification or license required to provide communications services;
(b) The registrant's placement or maintenance of a communications facility in
the public rights -of -way presents an extraordinary danger to the general
public or other users of the public rights -of -way and the registrant fails to
remedy the danger promptly after receipt of written notice;
(c) The registrant abandons its facilities in the public rights -of -way; or
(d) The registrant commits substantial and material violations of any of the
provisions of applicable codes including but not limited to this Ordinance.
(11) Notice of intent to terminate. Prior to termination, the Town shall notify the
registrant with a written notice setting forth all matters pertinent to the proposed
termination action, including the reason therefore. The registrant shall have thirty
(30) days after receipt of such notice within which to address or to eliminate the
reasons or within which to present a plan, satisfactory to the Town, to accomplish
the same and to take such steps as are necessary to render every portion of the
facilities remaining in the public rights -of -way of the Town safe. If the plan is
rejected by the Town, the Town shall provide written notice of such rejection within
fifteen (15) days of receipt of the plan to the registrant and shall make a final
determination as to termination of the registration and the terms and conditions
relative thereto.
(12) Post termination action. In the event of termination, following any appeal period,
the former registrant shall: (a) in accordance with the provisions of this Ordinance
and as may otherwise be provided under state law, notify the Town of the
assumption or anticipated assumption by another registrant of ownership of the
registrant's communications facilities in the public rights -of -way; or (b) provide the
Town with an acceptable plan for removal or disposition of its communications
facilities in the public rights -of -way and restore the public rights -of -way to its
condition immediately prior to the removal. If a registrant fails to comply with this
subsection, the communications facilities are deemed to be abandoned and the
Town may exercise any remedies or rights it has at law or in equity as well as the
Town's remedies pursuant to this Ordinance, including but not limited to, utilize or
allow other persons to utilize the registrant's facilities. The obligations of the
registrant hereunder shall survive the termination of a registration. A registrant
that has its registration terminated by the Town under this Ordinance may reapply
for registration one (1) year after the termination date of the prior registration,
unless otherwise permitted to reapply at the sole discretion of the Town.
(13) When removal not authorized or required. In the event of termination of a
registration, this Ordinance does not authorize the Town to cause the removal of
communications facilities used to provide another service for which the registrant
or another person who owns or exercises physical control over the
communications facilities holds a valid certification or license with the governing
federal or state agency, if required, for the provision of such service, and is
registered with the Town, if required.
(14) Transfer or control, sale or assignment of assets. If a registrant transfers, sells or
assigns its registration or its facilities in the public rights -of -way, incident to a
transfer, sale or assignment of the registrant's assets, the transferee, buyer or
assignee shall be obligated to comply with the terms of this Ordinance. Written
notice of any such transfer, sale or assignment shall be provided to the Town within
20 days of the effective closing date of the transfer, sale or assignment. If the
transferee, buyer or assignee is a current registrant, and is in compliance with the
provisions of this Ordinance, then the transferee, buyer or assignee is not required
to re -register. If the transferee, buyer or assignee is not a current registrant, or
has an effective registration that is not in compliance with this Ordinance as it may
have been amended, then the transferee, buyer or assignee shall register as
provided in this Ordinance within 60 days of the transfer, sale or assignment. If
permit applications are pending in the registrant's name, the transferee, buyer or
assignee shall notify the appropriate Town officials that the transferee, buyer or
assignee is the new applicant.
(15) Pledges in trust or mortgages of the registrant may be made to any person with
notice to the Town. Any mortgage, pledge, lease or other encumbrance on the
communications facilities shall be subject and subordinate to the rights of the Town
under this Ordinance and applicable law.
(16) Town makes no warranties or representations regarding the fitness, suitability or
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availability of public rights -of -way for the registrant's communications facilities, and
any performance of work or costs incurred by registrant or provision of services
shall be at registrant's sole risk. Nothing in this Ordinance shall affect the Town's
authority to add, vacate or abandon public rights -of -way, and the Town makes no
warranties or representations regarding the availability of any added, vacated or
abandoned public rights -of -way for communications facilities.
(17) Conditional use of public rights -of -way.
(a) In the event registrant desires to use its existing facilities or to construct
new facilities for the purpose of providing other utility or non -utility
services to existing or potential consumers or resellers, by providing any
other services other than the provision of communications service, or for
providing any other use to existing or potential consumers, a registrant
shall seek such additional and separate authorization from the Town for
such activities as may be required by applicable law.
(b) To the extent that any person or registrant leases or otherwise uses the
facilities of a person that is duly registered or otherwise authorized to
place or maintain facilities in the public rights -of -way of the Town, such
person or registrant shall make no claim, nor assert any right which will
impede the lawful exercise of the Town's rights, including requiring the
removal of such facilities from the public rights -of -way of the Town,
regardless of the effect on registrant's ability to place or maintain its own
communications facilities in public rights -of -way of the Town.
Sec. 5. Requirement of a Permit.
(a) In accordance with applicable law, Town ordinances, codes and regulations, including this
Ordinance, a right-of-way use permit issued by the Town shall be required for a
communications services provider, communications facility provider or a pass -through
provider to place or to maintain a communications facility in the public rights -of -way unless
otherwise exempt pursuant to this Ordinance. An effective registration shall be a condition
of obtaining a permit. Notwithstanding an effective registration, permitting requirements
shall continue to apply. A permit may be obtained by or on behalf of a registrant having an
effective registration if all permitting requirements are met. A registrant shall not
commence to place or to maintain a communications facility in the public rights -of -way until
all applicable permits have been issued by the Town or other appropriate authority.
Registrant shall comply with all Town requirements for issuing permits, including
reasonable rules or regulations governing the placement or maintenance of a
communications facility in public rights -of -way. Permits shall apply only to the areas of
public rights -of -way specifically identified in the permit. The Town may issue a blanket
permit to cover certain activities, such as routine maintenance and repair activities, that
may otherwise require individual permits or may impose lesser requirements. Requests
for ancillary permits required to operate a communications facility, including but not limited
to electrical permits, shall be processed pursuant to the Town's rules and regulations. The
Town may deny or withhold the ancillary permit if the registrant is otherwise in violation of
the Town Code.
(b) Limited Exceptions to Permit Requirement.
(1) A registrant that is in compliance with this Ordinance shall be allowed to perform
service restoration work on existing facilities, or repair work, including but not
limited to, emergency repairs of existing facilities or extensions of such facilities for
providing communications services to customers without a permit. A registrant
performing work without a permit shall ensure that there is photographic and video
documentation of the work, including depiction of the area of the public rights -of
way impacted, and such photographic and video documentation shall be provided
to the Town within ten (10) business days, unless otherwise not required by the
Town. The term EMERGENCY shall mean a condition that affects the public's
health, safety or welfare, which includes an unplanned out -of -service condition of
a pre-existing service. Registrant shall provide prompt notice to the Town of the
service restoration work or repair work and, within two (2) business days of
commencing the work, and shall apply for a permit if such activity required a permit
under this Ordinance within 30 days. Any maintenance of traffic required for
service restoration or repair work shall meet the requirements of the latest edition
of the FDOT 600 Series Standard Drawings and the Manual on Uniform Traffic
Devices.
(2) A registrant shall be allowed to perform routine maintenance within the public
rights -of -way without a permit if such proposed routine maintenance does not
involve excavation, construction, or disruption to transportation or utilities in the
public rights -of -way. In the case of routine maintenance, a registrant shall provide
reasonable advance written notice to the Town identifying the areas where such
maintenance will occur, scope of maintenance, date(s) and duration of work to be
performed. If routine maintenance requires the closure of the public rights -of -way
regardless of the duration, a road or sidewalk closure permit consistent with the
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(3)
Town's rules and regulations shall be required. As -built plans shall be provided to
the Town within ten (10) business days. A registrant shall be allowed to perform
maintenance, repair, replacement, extension, or upgrade of existing aerial lines or
underground communications facilities located on private property outside of the
public rights -of -way without first obtaining a permit. All underground work or
excavation without a permit shall be photographed and videotaped, and such
photograph and videotape documentation shall be provided to the Town upon
request or, if not requested, within ten (10) business days.
A permit shall not be required for replacement of existing wireless facilities with
wireless facilities that are substantially similar or of the same or smaller size. If such
replacement will require the closure of a rights -of -way, the registrant shall obtain an
appropriate road or sidewalk closure permit consistent with the Town's rules and
regulations. A registrant shall provide 48 hours' notice to the Town prior to such
work being done. As -built plans shall be provided to the Town within ten (10)
business days.
(4) A registrant shall be allowed to place or to maintain a service drop within the public
rights -of -way without first obtaining a permit if such proposed work does not involve
excavation, construction, or the temporary closure of the public rights -of -way.
(5)
A permit shall not be required for the installation, placement, maintenance, or
replacement of micro wireless facilities that are suspended on cable strung
between existing utility poles in the public rights -of -way, in compliance with
applicable codes by or for a communications services provider authorized to
occupy the public rights -of -way and who is remitting Communications Services Tax
under F.S. Chapter 202. Prior to placing a micro wireless facility in the public
rights -of -way pursuant to this subsection, the registrant shall submit a notarized
letter to the Town from or on behalf of the communications services provider, which
shall be effective upon filing, attesting that the micro wireless facility's dimensions
comply with F.S. § 337.401(7) and this Ordinance. A registrant's submission to
demonstrate a micro wireless facility's dimensions may apply to all of the same,
substantially similar, or small size micro wireless facilities sought to be placed in
the public rights -of -way by such registrant. If the micro wireless facility's
dimensions exceed the dimensions to constitute a micro wireless facility, the
registrant shall not be authorized to place such facility in the public rights -of -way.
As -built plans shall be provided to the Town within ten (10) business days.
(6) Notwithstanding the exceptions to permit requirements contained in this subsection, a
registrant shall obtain from the Town a right-of-way permit for work that involves
excavation, closure of a sidewalk regardless how temporary, or closure of a vehicular
lane or parking lane regardless how temporary, unless the registrant is a
communications services provider that is performing service restoration on an existing
facility and the work is done in compliance with the 2017 edition of the Florida
Department of Transportation Utility Accommodation Manual, including but not limited
to, the requirement to notify Sunshine 811 prior to any excavation or demolition
activities in accordance with F.S. Chapter 556, and to comply with the Town Code. In
such instance, to the extent not inconsistent with the 2017 FDOT UAM, the
communications services provider shall provide information acceptable to the Town as
to the service restoration work and shall provide reasonable advance notice to the
Town so that the Town may have an observer present. The Town may require a
specific method of excavation and a maintenance of traffic or sidewalk closure plan,
as applicable. In addition, the registrant shall file for an after the fact permit within 30
days after completing restoration of the public rights -of -way. A registrant performing
work without a permit shall ensure that the work is photographed and videotaped,
including of the area of the public rights -of way impacted, and such photograph and
videotape documentation shall be provided to the Town upon request or, if not
requested, with the after the fact permit application.
(c) The Town manager may cause an immediate stop work order where any permitted or
unpermitted construction or other work in the public rights -of -way poses a serious threat to
the health, safety or welfare of the public until such serious threat has been abated. Failure
to comply with such order may subject a registrant, and its agents, employees, and
contractors as applicable to appropriate enforcement remedies as set forth in this
Ordinance and applicable law.
Sec. 6. Permit Information Requirements and Review Procedures.
(a) Pre -submittal meeting. To minimize issues related to a permit request, prior to submitting
materials for a permit request, which does not include an application for a small wireless
facility or a new utility pole to support a small wireless facility, a registrant shall conduct a
pre -submittal meeting with the Town to discuss the registrant's plans and network goals
for placing or maintaining facilities in the public rights -of -way. The Town shall undertake
efforts to accommodate a registrant's request for a pre -submittal meeting either in person
or electronic communications within ten (10) business days. At a registrant's request, the
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Town, in its sole discretion, may waive the requirement of a pre -submittal meeting for good
cause based on the scope of the proposed permit and registrant's compliance with this
Ordinance. In no event shall the requirement of a pre -submission meeting be waived for
a permit request that involves excavation of over 50 feet of public rights -of -way. The
requirement of a pre -submittal meeting does not apply to applications. However, even if a
pre -submittal meeting may not be required under applicable law, registrants are strongly
encouraged to engage in a pre -submittal meeting. A pre -submittal meeting, whether
required herein or voluntary on the part of a registrant, shall not commence the time frames
provided herein for Town review and processing of a request or an application.
(b) Requirements for all communications facilities in the public rights -of -way. As part of any
permit application or request to place or maintain any facility pursuant to this Ordinance in
the public rights -of -way, a registrant or a registrant's agent or contractor shall complete a
permit form provided by the Town that, at a minimum, includes the following information:
(1) If the person seeking the permit is not the registrant, a statement of authority by
the registrant to act on behalf of the registrant. In addition, if the person seeking
the permit is a contractor, the contractor's license or registration and contractor's
insurance information confirming the contractor's authority to perform construction
in the Town and statements as to whether the contractor has any open permits
with the Town, and if so, the permit identification number or information.
(2) Confirmation that the registrant or person seeking the permit engaged in a pre -
submittal meeting, if required, or such meeting was waived by the Town and that
the registrant has an effective registration with the Town, and is otherwise in
compliance with the Town Code.
(3)
Engineering plan. An engineering plan signed and sealed by a licensed engineer,
that includes the following:
(a) Except for applications to collocate small wireless facilities on existing
utility poles in the public rights -of -way, an American Land Title Association
(ALTA) or other survey pursuant to the Town's form demonstrating that
the proposed location of the facility or utility pole is within the public rights -
of -way, unless waived by the Town in its sole discretion, pursuant to an
applicant's or requester's attestation that the proposed facility is located
with the public rights -of -way;
(b) The type of proposed facility, location of the proposed facility, and the
dimensions, height, footprint, stealth design, and concealment features of
the proposed facility;
(c) The Global Positioning System (GPS) coordinates of the proposed facility.
The GPS coordinates shall be based on the reading from a handheld
mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based
on Google Earth or similar application may be used where areas of
shading occur due to overhead canopy. GPS Coordinates shall be
provided in decimal degrees at a six (6) decimal point precision or as
otherwise required by the Town ;
(d) Whether the proposed facility is proposed within a location subject to
restrictions pursuant to this Ordinance;
(e) For new communications facilities and extensions of existing
communications facilities that require a permit, within a fifty (50) foot
radius, a sketch showing pavement, sidewalks, driveways, ramps, trees,
below -grade utilities, and other above -grade and below -grade structures
and facilities located within the public rights -of -way and the distances from
the proposed facility and the edge of nearby pavement, sidewalks,
driveways, ramps, the nearest residential properties, nearby drainage
systems, trees, ground -mounted equipment, nearby structures in the
public rights -of -way, underground utilities and other above -grade and
below -grade structures and utilities located within the public rights -of -way;
(f) Sufficient specificity demonstrating compliance with applicable codes, as
defined herein and as may be amended;
(g) If applicable, the routes of all transmission and distribution lines to be
placed or maintained in the public rights -of -way in connection with the
proposed facility (such lines may be subject to separate permit
requirements);
(h) Certification that the proposed facility will not materially interfere with the
safe operation of traffic control equipment;
(i) Certification that the proposed facility will not interfere with sight lines or
clear zones for transportation, pedestrians, or public safety purposes or
result in the public rights -of -way being inconsistent with the Florida
Greenbook;
(j) Certification that the proposed facility will not materially interfere with
compliance with the Americans with Disabilities Act or similar federal or
state standards regarding pedestrian access or movement; and
(k) Other engineering information that may be requested by the Town.
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(4) Trees or landscaping proposed to be removed or impacted upon the placement or
maintenance of the proposed facility.
(5) Photographic or video documentation of the pre -construction condition of the
public rights -of -way in the area to be affected by the installation of the proposed
facility.
(6) Description of installation or construction. A description of the method by which the
facility will be installed and/or modified (i.e. anticipated construction methods or
techniques).
(7) Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, if appropriate, to accommodate placement or maintenance
of the facility.
(8) Temporary Traffic Control (TTC) plan. The applicant shall provide a temporary
traffic lane closure and Temporary Traffic Control (TTC), if appropriate, to
accommodate placement or maintenance of the facility.
(9) Restoration plan and estimated cost of restoration of the public rights -of -way. A
restoration plan and a good faith estimate of the cost of restoration of the public
rights -of -way by a licensed engineer. Such good faith estimate shall be accepted
by the Town unless the Town determines such estimated costs are not
representative of the actual costs of the restoration of the public rights -of -way.
Estimates of the cost to restore the public rights -of -way shall include all costs
necessary to restore the public rights -of -way to its original condition. Such good
faith estimate may include, but shall not be limited to, costs to restore the paving,
curbs/gutters, sidewalks, multi -purpose trails, and landscaping. All planted or
naturally occurring shrubbery or vegetation, including sod, damaged or destroyed
during work in the public rights -of -way shall be replaced. Tree or landscaping
removal shown on the permit shall not be considered damage or impairment to be
restored to the original condition provided the applicant or requester complies with
the approved mitigation plan, if any.
(10) Timetable for construction or installation. The timetable for construction,
placement or maintenance of the proposed facility or each phase thereof.
(11) Indemnification. A statement shall be included with the permit application or
request that by execution of the application or request and by filing for the permit,
the registrant shall be bound to the Town with respect to the indemnification
provisions set forth in this Ordinance.
(12) Airport airspace protection. If applicable, certification of compliance with Chapter
333, F.S. and all Town, State and federal laws and regulations, as amended,
pertaining to airport airspace protections.
(13) Attestation. For applications by a wireless infrastructure provider or its contractor
for the placement or maintenance of a utility pole in the public rights -of -way for
collocation of a small wireless facility, the applicant shall provide an attestation by
an officer of the registrant that a small wireless facility will be collocated on the
utility pole and will be used by a wireless services provider to provide
communication service within nine (9) months after the date the application is
approved.
(14) Pole attachment agreement. If applicable for the proposed facility, except for
registrants whose pole attachments are regulated by 47 U.S.C. §224, the registrant
shall provide a copy of a fully executed valid pole attachment agreement between
the owner of the utility pole and registrant. In lieu of providing the complete pole
attachment agreement between the owner of the utility pole and registrant, the
registrant may provide the first page of such agreement and the signature page or
a notarized letter of authorization from the owner of the utility pole, providing
adequate identifying information, acceptable to the Town, and indicating the
registrant is authorized to install its facility on the identified utility pole. By
submitting the Town's permit form, the registrant certifies to the Town that it has
authority from the utility pole owner to collocate its facility.
(15) Information regarding height limitations. For an application for a new utility pole to
support the collocation of a small wireless facility, the applicant shall provide
information regarding the height and GPS location of the tallest utility pole located
in the same public rights -of -way as of July 1, 2017, measured from grade in place
within five hundred (500) feet of the proposed location of the utility pole. If there is
no utility pole within five hundred (500) feet of the proposed utility pole as of July
1, 2017, the applicant shall so certify.
(16) If the permit request includes a backup power supply, information to demonstrate
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that the backup power supply and proposed fuel storage satisfies the applicable
codes as well as codes and standards of the National Fire Protection Association.
(17) In addition to the requirements herein, as part of any permit application to place or
maintain a small wireless facility or utility pole in the public rights -of -way, the
applicant shall provide the following:
(a) Documentation to the satisfaction of the Town from a licensed engineer,
that the structure and foundation of the utility pole intended to support the
collocation of the small wireless facility can support the additional load of
the proposed small wireless facility consistent with the requirements of the
Florida Building Code;
(b) Certification and description by the applicant to the satisfaction of the
Town how the proposed small wireless facility or utility pole complies with
the objective design standards set forth in this Ordinance. For a proposed
ground -mounted small wireless facility, such information shall include
whether the proposed small wireless facility includes a wrap that has been
approved by the Town or is of an architectural design that is substantially
similar to other infrastructure in the area of the public rights -of -way or has
been approved by the Town.
(c) Accurate photo simulations of the proposed utility pole or small wireless
facility and if applicable, as collocated on the utility pole.
(18) Applicable permit fees including reimbursement for Town consultants, to the extent
not inconsistent with applicable law. The Town acknowledges that currently,
applicable law does not allow the Town to charge permit fees.
(19) Consolidated permit application and single application or request for multiple
locations. A registrant may submit a single application or request to place or to
maintain multiple facilities in the public rights -of -way, where it would be more
efficient for the registrant and the Town to address multiple facilities in one permit.
An applicant seeking to collocate multiple small wireless facilities may file a
consolidated permit application and receive a single permit for the collocation of
up to 30 small wireless facilities. The application must include the information
required for an application for each of the proposed small wireless facilities. In
addition, prior to applying for a consolidated permit, the applicant is strongly
encouraged to engage in a pre -submittal meeting with the Town to discuss all
proposed small wireless facilities. If the application includes multiple small
wireless facilities, the Town may separately address small wireless facility
collocations for which incomplete information has been received or which are
denied. Each proposed utility pole to be placed in the public rights -of -way for the
collocation of a small wireless facility shall require a separate application, and each
communications facility to be placed in the public rights -of -way except for the
collocation of a small wireless facility, shall require a separate request unless the
Town consents at a pre -submission meeting to a single application or request for
such multiple facilities.
(20) To the extent not inconsistent with applicable law, such additional information
requested by the Town reasonably necessary for the permit application or request.
Application Review and Procedures for Small Wireless Facilities and Utility Poles for
Collocation of Small Wireless Facilities.
(1) Time periods within this subsection shall be extended for the period of time
impacted by a force majeure event or by a declared State of Emergency by the
Town or Governor of the State that impacts the Town ("force majeure extension).
If a registrant opposes a force majeure extension pursuant to this subsection, it
shall notify the Town within 24 hours of such extension becoming effective or the
registrant shall be deemed to have consented to the extension. Except as
otherwise provided herein, requests for permits for the placement of
communications facilities in the public rights -of -way, including but not limited to
backhaul facilities, shall be subject to the time frames and review procedures set
forth in this subsection; requests shall be considered to be applications; and
requesters shall be considered to be applicants for purposes of time frames as
referenced in this subsection. The time frames and procedures herein shall not
apply to other requests that do not involve the placement of communications
facilities in the public rights -of -way, including but not limited to, request for permits
to perform maintenance on existing communications facilities in the public rights -
of -way.
(a) Unless extended by mutual consent of the applicant and Town, within 14
days after receiving an application, the Town Manager will notify the
applicant by electronic mail as to whether the application is complete. If
an application is deemed incomplete, the Town will specifically identify the
missing information. An application is deemed complete if the Town fails
to provide notification to the applicant within 14 days.
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(b) Negotiation Process.
(1) Unless extended by mutual consent of the applicant and the
Town, within 14 days after the date of filing the application, the
Town may request that the proposed location of a small wireless
facility be moved to another location in the right-of-way and placed
on an alternative Town utility pole or support structure or may
place a new utility pole. The Town and the applicant may
negotiate the alternative location, including any objective design
standards and reasonable spacing requirements for ground -
based equipment, for 30 days after the date of the request.
(2) At the conclusion of the negotiation period, if the alternative
location is accepted by the applicant, the applicant must notify the
Town of such acceptance and the application shall be deemed
granted for any new location for which there is agreement and all
other locations in the application.
(3)
If an agreement is not reached, the applicant must notify the Town
of such nonagreement and the Town must grant or deny the
original application within 90 days after the date the application
was filed unless extended by mutual consent of the applicant and
Town. Failure of the applicant to so notify the Town as required
herein shall be deemed to constitute the applicant's consent to the
Town's alternative location. A request for an alternative location,
an acceptance of an alternative location, or a rejection of an
alternative location must be in writing and provided by electronic
mail.
(c) The Town processes all applications on a nondiscriminatory basis. Unless
the Town and the applicant engage in negotiations as provided above, the
Town will approve or deny the application and will notify the applicant by
electronic mail whether the application is approved or denied within 60
days after the receipt of a completed application.
(d) Extension of time. If the Town and the applicant do not engage in
negotiations, the applicant and Town may mutually agree to extend the
60-day application review period. The Town shall grant or deny the
application at the end of the extended period.
(e) Basis to Deny Applications. The Town may deny an application for a
proposed collocation of a small wireless facility or to place a utility pole
used to support a small wireless facility in the public rights -of -way if the
proposed small wireless facility or utility pole to support a small wireless
facility:
(1) Materially interferes with the safe operation of traffic control
equipment;
(2) Materially interferes with sight lines or clear zones for
transportation, pedestrians, or public safety purposes;
(3)
Materially interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding
pedestrian access or movement;
(4) Materially fails to comply with the 2017 edition of the Florida
Department of Transportation Utility Accommodation Manual;
(5)
Fails to comply with applicable codes;
(6) Fails to comply with objective design standards set forth in this
Ordinance; or
(7)
Fails to comply with the Town Code, to the extent not inconsistent
with applicable law.
(f) Cure Procedure.
(1) If the application or request is denied, the Town will specify the
basis for the denial, including the specific code provisions on
which the denial was based, on the day the Town denies the
application or request.
(2) The registrant may cure the deficiencies identified by the Town
and resubmit the application or request within 30 days after the
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(g)
(3)
notice of denial is sent.
If an attempt to cure is submitted by the registrant within such 30-
day period, the Town will approve or deny the revised application
or request within 30 days after receipt of the revised application.
If the registrant revises any information in the application or
request other than to address expressly the deficiencies identified
by the Town, the registrant shall submit a new application or
request and the denial of the pending application or request shall
be final.
(4) The Town's second and subsequent reviews of revised
applications or requests will be limited to the deficiencies cited in
the denial notice.
A permit issued pursuant to an approved application or request to install
a new communications facility shall remain in effect for one (1) year unless
otherwise extended, suspended, or revoked by the Town pursuant to this
Ordinance. If a communications facility including a small wireless facility
or utility pole is going to be installed without a permit pursuant to this
Ordinance or applicable state or federal law, the applicant or requester
shall nevertheless be required to have an effective registration, comply
with development standards and provide the bonds required in this
Ordinance prior to performing construction.
(h) A permit from the Town constitutes authorization to undertake only certain
activities in the public rights -of -way in accordance with this Ordinance, and
does not create a property right or grant authority to impinge upon the
rights of others who may have an interest in the public rights -of -way.
(2) Review Procedures and Basis to Deny Requests.
(a) Time Frames. The Town shall review and process other requests that are
not for the placement of communications facilities, including but not limited
to, requests for a permit to perform maintenance or to remove facilities,
consistent with time frames required under applicable law and the Town's
standard procedures.
(3)
(b) Basis to Deny. Except for applications for permits to collocate small
wireless facilities or for utility poles to support the collocation of a small
wireless facility addressed above, the Town may deny a request for a
permit to place or to maintain communications facilities in the public rights -
of -way, including but not limited to, a permit to place backhaul facilities,
consistent with applicable law and the Town's standard procedures.
(c) Review procedures for wireless facilities modifications pursuant to the
Spectrum Act. A registrant may file an eligible facilities request to modify
an existing tower or base station in the public rights -of -way, that does not
substantially change the physical dimensions of such tower or base
station, pursuant to Section 6409(a) of the Spectrum Act of 2012, 47
U.S.C. §1455(a), and FCC regulations adopted thereto, 47 C.F.R.
§1.6100, as amended. Such request shall include the following: (1)
confirmation that the registrant possesses an effective registration and
submitted a permanent performance bond with the Town; (2) a statement
that it is an eligible facilities request, (3) a report, signed and sealed by a
licensed engineer, that addresses the factors set forth in the FCC
regulations, including a description of proposed modifications and the
factors regarding whether the proposed modifications constitute a
substantial change, and (4) a certified copy of the permit for the existing
tower or base station that is proposed to be modified. The Town shall
review such request pursuant to the procedures set forth in the FCC
regulations, notwithstanding other provisions of this Ordinance. The
procedures in this Ordinance for appeal shall apply.
Suspension and revocation of permits.
(a) The Town may order the suspension of placement and maintenance work
under a permit and ultimately may suspend or revoke any permit, in the
event of a material breach of the terms and conditions of any applicable
codes, this Ordinance, State and federal laws and regulations, or any
condition of the permit. A material breach by the permittee may include,
but is not limited to:
(1) The violation of any material provision of the permit or applicable
codes;
(2) An evasion or attempt to evade any material provision of the permit
or the perpetration or attempt to perpetrate any fraud or deceit
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upon the Town;
(3) Any material misrepresentation of fact in the process of permittee's
request or application for a permit or registration;
(4) The failure to maintain the required performance cash bond or
insurance;
(5) The failure to properly restore the public rights -of -way;
(6) The failure to comply within the specified time with an order
issued by the Town;
(7) The failure to register, renew a registration, or provide notice of
transfer in accordance with this Ordinance;
(8) The failure to relocate or remove facilities pursuant to this
Ordinance and F.S. §§337.402, 337.403 and 337.404, as
amended;
(9) Conducting work in the public rights -of -way without a permit, if
required.
(b) If the Town determines that a registrant has committed a substantial breach
of a term or condition of the permit or violation of applicable codes or this
Ordinance, the Town shall make a written demand upon the registrant
to remedy such violation. The demand shall state that the continued
violation(s) may be cause for suspension or revocation of the permit.
Further, the Town may place additional or revised permit conditions on
the permit following a substantial breach. In addition, the Town may
refuse to issue new permits and may deny an application or request for a
new permit to a registrant or registrant's contractor that has materially
violated any provisions of a permit or applicable codes or this Ordinance,
until such time as the registrant cures the violation to the satisfaction of
the Town, including paying any damages, costs or penalties that may have
been assessed.
(c) Within thirty (30) days of receiving notification of the breach, the permittee
shall contact the Town and provide a plan, acceptable to the Town. The
Town shall provide additional time as reasonably necessary for a
permittee to establish an acceptable plan taking into account the nature
and scope of the alleged breach. The permittee's failure to so contact the
Town, or the permittee's failure to submit an acceptable plan, or the
permittee's failure to reasonably implement the approved plan, shall be
cause for revocation or suspension of the permit. A final determination to
suspend or to revoke a permit may be appealed in accordance with the
procedures set forth in this Ordinance. Nothing herein shall affect the
Town's ability to take immediate action or to cause a registrant to take
immediate action pursuant to this Ordinance or applicable law to address
any condition that threatens the health, safety or welfare of persons or
property.
(d) If a permit is revoked, the permittee shall reimburse the Town for the
Town's reasonable costs, including restoration costs, administrative costs,
and the cost of collection. These costs may also be deducted from the
registrant's permanent performance cash bond in the Town's discretion.
(e) The Town manager may cause an immediate stop work order where the
construction poses a serious threat to the health, safety or welfare of the
public until such time as such serious threat has been abated.
(4) Requests for waivers.
(a) Nothing in this Ordinance shall be construed to prohibit or have the effect
of prohibiting the nondiscriminatory and competitively neutral use of public
rights -of -way by communications service providers, communications
facility providers or pass -through providers, in violation of federal or state
law.
(b) A waiver may be granted by the Town manager in those circumstances
where a competitively neutral use of the public rights -of -way is impaired
by strict application of the requirements of this Ordinance, in violation of
applicable law.
(c) A request for a waiver shall be filed either prior to or contemporaneously
with the permit application. The request for waiver shall contain each
provision for which a waiver is sought. A request for a waiver shall include
the following information:
(1) A detailed explanation, with supporting engineering information by
a Florida licensed engineer or other data, as to why a waiver from
the requirements of this Ordinance is required to allow the
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applicant to have nondiscriminatory and competitively neutral use
of the public rights -of -way, including a detailed explanation
addressing the relevant engineering criteria;
(2) Nature and characteristics of the surrounding neighborhood;
(3)
Any special conditions and circumstances affecting the proposed
site which prevent compliance with the Ordinance or subsection
for which a waiver is being sought;
(4) If applicable, topography, tree coverage and foliage in the
immediate surrounding area of the proposed facility or within the
surrounding neighborhood;
(5)
Design of the proposed facility with particular reference to
achieving compatibility with the surrounding neighborhood and
other structures in the public rights -of -way and eliminating
adverse visual impacts;
(6) If the proposed waiver is compliant with the Americans With
Disabilities Act, 42 U.S.C. §12101, et seq., and applicable codes;
(7)
A request for waiver of the objective design standards contained
herein shall include a showing that the design standards are not
reasonably compatible for the particular location of a small
wireless facility or utility pole, or are technically infeasible with
supporting information from a licensed engineer, or that the design
standards impose an excessive expense on the registrant with
information as to the additional costs of compliance with the
standards and the registrant's anticipated revenue from the
proposed facility or assets. The Town shall grant or deny a request
for a waiver of objective design standards within forty-five (45)
days after receiving the request for waiver unless the applicant
and Town consent to an extension, subject to a force majeure
event.
(8) Any other information the Town may reasonably require to
process the request for waiver.
(d) Except for a request for a waiver of objective design standards, the Town
shall grant or deny a request for a waiver of any other provisions of the
Town Code pursuant to its standard procedures for requests for waivers
or variance of its Code, consistent with applicable law. If a request for
waiver or variance is not processed by the Town within the time frame for
granting or denying an application or request for a permit, the Town shall
deny the permit application or request unless the Town and the registrant
consent to an applicable extension. In granting any waiver, the Town may
impose conditions to the extent the Town determines such conditions are
necessary to minimize any adverse effects of the proposed facility on the
surrounding neighborhood or to protect the health, safety and welfare of
the public.
(e) Should a request for waiver, and ultimately a permit, be denied by the
Town, the denial of the waiver may be appealed with an appeal of the
permit denial in accordance with this Ordinance.
(5) Appeals.
(a) Final, written decisions of a designee of the Town manager, including but
not limited to, a decision suspending, revoking, or denying a permit,
denying a registration, denying a renewal of a registration, suspending or
terminating a registration or denying a request for a waiver, or imposing
costs or a fine, are subject to appeal to the Town manager. An appeal
must be filed with the Town manager within thirty (30) days of the date of
the final, written decision to be appealed. An appeal that is not timely filed
as set forth herein shall be waived. The Town manager shall hear or may
appoint a hearing officer to consider the appeal. The decision on appeal
shall be based on the information submitted previously to the Town and
no new information shall be considered. Subject to a force majeure event,
the hearing shall occur within 30 days of the receipt of the appeal, unless
waived by the applicant, and a written decision shall be rendered within 20
days of the hearing.
(b) An appeal from a decision of the Town manager or a hearing officer may
be appealed to the Town Commission within 30 days, by filing a written
notice of appeal with the Town clerk and providing copies to the Town
22
manager and the Town attorney. Any appeal not timely filed shall be
waived. The notice of appeal shall state the decision which is being
appealed, the grounds for appeal, a brief summary of the relief which is
sought, and shall be accompanied by a nonrefundable fee to be
established by administrative order of the Town manager. The Town
Commission may affirm, modify or reverse the decision of the Town
manager. The Town manager shall notify any party who has filed a
written request for such notification of the date when the matter will be
presented to the Town commission. Nothing contained herein shall
preclude the Town Commission from seeking additional information prior
to rendering a final decision. The decision of the Town Commission shall
be by resolution and a copy of the decision shall be forwarded to the
Town manager and the appealing party. Within the time prescribed by
the appropriate Florida Rules of Appellate Procedure, a party aggrieved
by a decision of the Town Commission may appeal an adverse decision
to the Circuit Court In And For Palm Beach County or applicable federal
district court. The party making the appeal shall be required to pay to the
Town clerk a fee to be established by administrative order of the Town
manager, to defray the costs of preparing the record on appeal. Said fee
shall be effective upon approval by the Commission. To the extent
required by applicable law, the Town shall waive any claim or defense
based on failure to exhaust administrative remedies if the Town's
administrative review is not complete within 45 days after a person files
a complete request for review.
Sec. 7. Performance construction bond and permanent performance bond.
(a) Prior to the issuance of any permit in accordance with this Ordinance, or performing any
work in the public rights -of -way, either pursuant to a permit or without a permit if authorized
by applicable law except in the case of an emergency pursuant to this Ordinance, a
registrant or contractor that applies for a permit on behalf of a registrant shall deposit with
the Town a performance construction bond acceptable to the Town to secure the
restoration of the public rights -of -way, and to ensure the registrant's or contractor's faithful
performance of the construction or other work in the public rights -of -way, in accordance
with applicable sections of the code. The performance construction bond shall be
conditioned upon the full and faithful compliance by the registrant or contractor with all
requirements, duties, and obligations imposed by the permit and provisions of this
Ordinance during and through completion of the placement or maintenance project. The
performance construction bond shall be in an amount as determined by the Town based
on one -hundred ten percent (110%) of the estimated costs of the restoration of the public
rights -of -way submitted by the registrant. For a consolidated permit, the registrant or
contractor shall provide a performance construction bond based on the amount of the total
costs of the restoration of the public rights -of -way for all small wireless facilities to be
collocated on utility poles within the public rights -of -way, but in no event, shall be less than
ten thousand dollars ($10,000). Notwithstanding any provision herein, the minimum
amount of the performance construction bond for a new or replaced utility pole or small
wireless facility over six (6) cubic feet shall be twenty-five thousand dollars ($25,000). The
Town shall not require a performance construction bond if the estimated cost of restoration
of the public rights -of -way is less than one thousand dollars ($1,000).
(b) In the event a registrant or contractor subject to such a performance construction bond fails
to complete the work in a safe, timely and competent manner in accordance with the
provisions of the permit or code, there shall be recoverable, from such construction bond,
any damages or loss suffered by the Town as a result, including the full amount of any
compensation, indemnification or cost of removal or abandonment of any property of the
registrant, or the cost of completing the work, plus a reasonable allowance for attorney's
fees, up to the full amount of the bond.
(c) The performance construction bond shall be non -cancelable and shall be for a term of not
less than one(1) year but not more than 18 months after the anticipated date of the later of
completion of construction, restoration and Town inspection. No less than one-year after
completion of the construction and satisfaction of all obligations in accordance with the
bond, the registrant or contractor may request that the Town remove the requirement to
continue the performance construction bond. In accordance with the current standards of
the Town, and satisfaction of all obligations in accordance with the bond, the Town shall
return the performance construction bond without interest. Notwithstanding, the Town
shall require a new performance construction bond for any subsequent work performed in
the public rights -of -way as required by this Ordinance. Notwithstanding this provision, to
the extent required by applicable law, the Town shall accept a letter of credit or similar
financial instrument as a construction bond issued by any financial institution that is
authorized to do business within the United States, provided that a claim against the
financial instrument may be made by electronic means, including by facsimile. A provider
of communications services may add the Town to any existing bond, or other relevant
financial instrument, and the Town shall accept such proof of coverage without any
conditions other than consent to venue in Palm Beach County for purposes of any litigation
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to which the Town is a party.
(d) Permanent Performance Bond.
(1) The Town is concerned that, based on past experience in the Town and throughout
the State, the placement and maintenance of communications facilities in the public
rights -of -way has the potential to cause significant damage to the public rights -of -way
and to utilities within the public rights -of -way, creating disruption to the Town residents,
businesses and the travelling public. In addition, the Town is concerned that it will not
be able to obtain adequate security to address damage to public rights -of -way or to
utilities, because of restrictions on construction bonds, placement and maintenance of
facilities lawfully or unlawfully without permits, inaccurate locates, permits issued by
other government entities within the Town that could impact Town utilities, and other
issues associated with such facilities in the public rights -of -way. Accordingly, pursuant
to the Town's authority and obligation to manage the public rights -of -way and to
provide for the public safety in the exercise of its police power, and to the extent not
inconsistent with applicable law, the Town shall require all persons that place or
maintain communications facilities in the public rights -of -way to establish a permanent
performance bond in the Town's favor.
(2) A Registrant or Facility Owner who places or maintains communications facilities in the
public rights -of -way, shall file with the Town, for Town approval, a permanent
performance bond in the amount of twenty-five thousand dollars ($25,000), in the form
of a cash deposit or irrevocable letter of credit. Any cash deposit shall be held in a
separate account or Town account. The letter of credit shall be issued by a United
States financial institution that allows drawing on the letter of credit via electronic
means including facsimile, agrees to the jurisdiction of the appropriate court within
Palm Beach County, and shall be in a form and issued by a financial institution
acceptable to the Town Attorney. The permanent performance bond shall be
conditioned on the full and faithful performance by the Registrant or Facility Owner of
all requirements, duties, and obligations imposed by the provisions of this Ordinance
and applicable law, including but not limited to requirements to restore the public rights -
of -way and to guarantee such restoration, to remove any abandoned communications
facilities, to indemnify the Town as required herein, and to pay for any damage to Town
or other facilities in the public rights -of -way. The permanent performance bond shall
not constitute a fee, tax or other imposition on a dealer of communications services in
its capacity as a dealer of communications services or compensation for use of the
public rights -of -way and shall not be used by the County as such. Should the Town
draw upon the permanent performance bond, the Town shall promptly notify the
registrant, and the registrant shall promptly restore the cash deposit and/or letter of
credit, as may be necessary, to the full amount. In the event a registrant fails to perform
its duties and obligations imposed by the provisions of this Ordinance, subject to
providing prior notice and a reasonable opportunity to cure the failure, there shall be
recoverable, jointly and severally from the principal and surety of the permanent
performance bond, including a letter of credit, any damages or loss suffered by the
Town as a result, including the full amount of any damages, indemnification or cost of
removal or abandonment of any property of the registrant, plus a reasonable allowance
for attorneys' fees. The cash deposit or letter of credit shall be furnished annually or
as frequently as necessary to provide a continuing guarantee of the person's full and
faithful performance at all times. A registrant may change the form of the permanent
performance bond on file with the Town on an annual basis. A registrant may request
that the Town return the permanent performance bond or approve the cancellation of
the performance bond upon the expiration of a registrant's obligations pursuant to the
Town Code and in no event while a registrant maintains any obligations with respect
to facilities in the public rights -of -way. If the Town determines it is appropriate to return
the permanent performance bond, a cash deposit retained by the Town shall be
returned without interest.
(3)
For new registrants seeking to place or to maintain communications facilities in the
public rights -of -way, the permanent performance bond required herein must be filed
with the Town prior to any construction associated with the placement or maintenance
of a communications facility in the public rights -of -way. For existing registrants,
permanent performance bonds currently on file with the Town, either in the form of a
cash deposit or letter of credit, shall satisfy the requirement of this subsection and shall
continue to be maintained by the Town. To the extent that a communications services
provider, wireless provider, or pass -through provider with facilities in the public rights -
of -way, does not have a permanent performance bond filed with the Town as required
herein, said person shall submit the permanent performance bond as provided herein,
within ninety (90) calendar days from the effective date of this Ordinance. No permits
shall be issued to a person for placement or maintenance of facilities within the public
rights -of -way without a permanent performance bond filed with the Town. For activity
that does not require a permit, no placement or maintenance of a communications
facility in the public rights -of -way shall be performed by or on behalf of a registrant that
does not have a permanent performance bond on file with the Town. In addition to
other remedies provided herein, including but not limited to, revoking a registration,
24