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HomeMy Public PortalAboutORD 15/02ORDINANCE NO. 15/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER, 34, UTILITIES, BY CREATING A NEW ARTICLE VI, TITLED UNDERGROUNDING OF UTILITIES; PROVIDING THAT ALL FACILITIES FOR PROVIDING ELECTRICAL POWER, TELECOMMUNICATIONS, VIDEO, CABLE TELEVISION, INTERNET, BROADBAND AND SIMILAR DEVICES (COLLECTIVELY KNOW AS "UTILITY FACILITIES") SHALL BE PLACED UNDERGROUND; PROVIDING FOR THE UNDERGROUNDING OF EXISTING UTILITIES; PROVIDING FOR PRIVATE PROPERTY OWNERS' RESPONSIBILITIES RELATING TO UNDERGROUND SERVICE; PROVIDING REQUIREMENT FOR A PERMIT FOR PLACING UTILITIES WITHIN THE RIGHTS-OF-WAY WITHIN THE TOWN; PROVIDING FOR TIME LIMITATIONS ON CONNECTION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 34, Utilities, to include a new Article VI titled Undergrounding of Utilities, to read as follows: Chapter 34 UTILITIES 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 utilities 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. 1 Sec. 34-104. Existing utilities. Utilities existing within the Town as of the date of the adoption of this ordinance 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 utilities or a substantial portion of the utilities, whichever occurs sooner. Above ground utilities existing as of the date of the adoption of this ordinance pursuant to franchise, license or agreement with the Town may be placed underground before 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. 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. Sec. 34-107. Time limitation on connection. Within three (3) 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 2 building or to an adjacent building without crossing any public street. (3) Radio antennae, associated equipment and supporting structures for such antennae, used by a utility company for furnishing wireless communication services. Such installations shall be approved and permitted as required by the Town. (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. (7) 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 this article. 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 Section 1-14 of this Code 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 of the code 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 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. 3 Section 4. Codification This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 10thday of April 2015 and for a second and final reading on thisg1jaday of May ,2015. _ ATTEST: Clerk d p do,.,113147o0lilIIdao I%(R)I," 4