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.
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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
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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.
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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
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