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For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When 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; and the masculine gender includes the feminine gender. “And” and “or” may be read conjunctively or disjunctively. The words “shall” and “will” are mandatory, and “may” is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code (the “Communications Act”), as amended, and if not defined in the Communications Act, as defined in Florida Statutes, and if not defined in Florida Statutes, as defined in the City Code, and if not defined in the City Code, shall be construed to mean and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
ABANDONMENT. The permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be ABANDONMENT of a facility in public rights-of-way.
CITY. The City of Pembroke Pines, Florida.
COMMUNICATIONS FACILITY or FACILITY or SYSTEM. Any permanent or temporary plant, equipment or 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, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services.
COMMUNICATIONS FACILITY PROVIDER. A person (other than a communications services provider) operating one or more communications facilities located within the city, who is engaged, directly or indirectly, in the business of leasing, licensing, subleasing, subletting or hiring to one or more communications service providers all or a portion of the tangible personal property used in a communications facility. A pass-through provider may be a COMMUNICATIONS FACILITY PROVIDER.
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, regardless of the protocol used for such transmission or conveyance, and as defined in F.S. § 202.11. Communications to remotely facilitate, monitor, or control the distribution or transmission of electricity by an electric utility are also not included in the definition of COMMUNICATIONS SERVICES.
FCC. The Federal Communications Commission.
IN PUBLIC RIGHTS-OF-WAY or IN THE PUBLIC RIGHTS-OF-WAY. In, on, over, under or across the public rights-of-way.
ORDINANCE. This ordinance and the provisions of this chapter.
PASS-THROUGH PROVIDER. Has the meaning provided in F.S. § 337.401(6).
PERSON. 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, and shall include the city to the extent the city acts as a communications services provider.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, and shall include “wireless service” as defined in F.S. § 365.172, as well as “personal wireless services” defined in 47 U.S.C. § 332(c)(7)(C)(i), as they may be amended from time to time. Notwithstanding the foregoing, for purposes of this chapter, “video service,” as defined in F.S. § 202.11, as it may be amended, is not included in the definition of PERSONAL WIRELESS SERVICES. PERSONAL WIRELESS SERVICES shall not include any form of surveillance by photography, wireless communication, or other form of transmission.
PERSONAL WIRELESS SERVICE FACILITIES. Facilities for the provision of personal wireless services and, for the purposes of this chapter, shall include all of those “wireless communication facilities” as defined in F.S. § 365.172, as it may be amended, that are not also telecommunications towers as defined by Chapter 155 of the city’s Code of Ordinances. Facilities used for communications to remotely facilitate, monitor, or control the distribution or transmission of electricity on electric infrastructure are not included in the definition of PERSONAL WIRELESS SERVICE FACILITIES. PERSONAL WIRELESS SERVICE FACILITIES shall not be used to provide for any form of surveillance or photography through wireless communication or other form of transmission.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING. To erect, construct, install, maintain, grade, excavate, place, repair, extend, replace, 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. 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 does not constitute PLACING OR MAINTAINING facilities in the public rights-of-way.
PUBLIC RIGHTS-OF-WAY. A public right- of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road, waterway, tunnel, alley, or similar property for which the city 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 to the extent the city holds a property interest therein.
PUBLIC RIGHTS-OF-WAY shall not include private property. PUBLIC RIGHTS-OF-WAY shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. No reference herein, or in any permit, to public rights-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a registrant shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give.
REGISTRANT. A communications services provider or other person that has registered with the city in accordance with the provisions of this chapter.
REGISTRATION or REGISTER. The process described in this chapter whereby a communications services provider provides certain information to the city.
STEALTH FACILITY. Any communications facility which is designed to blend into the surrounding environment. Examples of STEALTH FACILITIES include architecturally screened roof- mounted antennas, antennas integrated into architectural elements, poles in the rights-of-way that are designed to look like light poles, and wireless designed to look like light poles, power poles, or trees.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
ADMINISTRATION
(A) A communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility in public rights-of-way in the city shall first register with the city in accordance with this section. Subject to the terms and conditions prescribed in this section, a registrant may place or maintain a communications facility in public rights-of-way.
(B) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this section governs only the placement or maintenance of communications facilities in public rights-of- way. Registration does not excuse a communications services provider, communications facility provider, or pass-through provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city’s or another person’s facilities. Registration does not excuse a communications services provider, communications facility provider, or pass-through provider from complying with all applicable city ordinances, codes or regulations, including this chapter.
(C) Each communications services provider that desires to place or maintain a communications facility in public rights-of-way in the city shall file a single registration with the city which shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant's primary contact person in connection with the registration and the person to contact in case of an emergency;
(3) Evidence of the insurance coverage required under § 121.25 of this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter;
(4) A copy of the applicant’s certificate of authorization or local business tax receipt to provide communications services issued by the Florida Public Service Commission, the Federal Communications Commission, or other federal or state authority, if any;
(5) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation; and
(D) The City Manager, or his, or her designee shall review the information submitted by the applicant. If the applicant submits information in accordance with division (C) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in accordance with division (C) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within 30 days after receipt of registration information from the applicant.
(E) A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of-way within the city and will no longer need to obtain permits to perform work in public rights- of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way.
(F) Registration shall not in itself establish any right to place or maintain or priority for the placement or maintenance of a communications facility in public rights-of-way within the city, but shall establish for the registrant a right to apply for a permit, if permitting is required by the city. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city's ordinances, as well as any state or federal laws that may be enacted.
(G) A registrant shall renew its registration with the city by April 1 of even numbered years in accordance with the registration requirements in this chapter, except that a registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within 30 days of any change in the information required to be submitted pursuant to division (C), a registrant shall provide updated information to the city. 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 city restricting the issuance of additional permits until the communications services provider has complied with the registration requirements of this section.
(H) In accordance with applicable city ordinances, codes or regulations and this chapter, a permit shall be required of a communications services provider, communications facility provider, or pass-through provider that desires to place or maintain a communications facility in public rights-of-way. An effective registration shall be a condition precedent to 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.
(I) A registrant that places or maintains communications facilities in the public rights-of-way and that pays communications services taxes shall not be required to pay a permit fee since the city has elected to collect the communications services tax pursuant to F.S. Ch. 202, as may be amended from time to time. A pass-through provider that places or maintains a communications facility in the city’s roads or rights-of-way shall pay the city an annual amount not to exceed $500 per linear mile or portion thereof. The city’s roads or rights-of-way do not include roads or rights-of-way that extend in or through the municipality but are state, county, or another authority’s roads or rights-of-way.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) If a registrant transfers, sells or assigns its assets located in 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 chapter. Written notice of any such transfer, sale or assignment shall be provided by such registrant to the city within 24 days after the closing date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current registrant, then the transferee, buyer or assignee is not required to re-register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee shall register as provided in § 121.10 of this chapter 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 Engineering Department that the transferee, buyer or assignee is the new applicant.
(B) Any encumbrance on the communications facilities of the registrant in the public rights-of-way shall be subject and subordinate to the rights of the city under this chapter and applicable law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
The provisions of this section shall not apply to small and micro wireless facilities that are regulated pursuant to § 121.45 of the city’s code of ordinances.
(A) Registrant shall at all times comply with and abide by all applicable provisions of state, federal and local law and city ordinances, codes and regulations including but not limited to § 154.60 et seq. of this Code, as amended, in placing or maintaining a communications facility or a personal wireless service facility in public rights-of-way.
(B) To the extent not otherwise prohibited by state or federal law, the city shall have the power to prohibit or limit the placement of new or additional communications facilities and personal wireless service facilities within a particular area of public rights- of-way. The city shall have the power to prohibit or limit the placement of new or additional communications facilities and personal wireless service facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests to place and maintain facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights- of-way or to accommodate city adopted plans for public improvements or projects that the city determines are in the public interest.
(C) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities and personal wireless service facilities.
(D) Personal wireless service facilities located in the public rights-of-way must meet the following minimum standards:
(1) Required approvals. No application for placement of personal wireless service facilities in the public rights-of-way shall be permitted without approval of the Building Department, the Public Services Department, and the Planning and Economic Development Division.
(2) (a) Because an antenna must be placed above- ground in order to transmit and receive signals, an applicant proposing placement of an antenna in the public rights-of-way, except in the case of a co- location, shall submit an application for approval through the Planning and Economic Development Division as a non-quasi-judicial action before the Planning and Zoning Board. The application shall consist of the following:
1. Application form provided by the city;
2. Copy of current business tax receipt;
3. A scaled site plan depicting an area within a 600-foot radius from the center of the proposed personal wireless service facility, and showing the proposed antennas, equipment, related infrastructure, sidewalks, all existing utilities, antennas, towers, stealth facilities, the right-of-way boundaries, wireless communications facility boundary, road improvements, all ingress and egress to nearby streets, major vegetation, required grading, existing and proposed elevations, easements, and other significant features of the site.
4. Certification signed by the applicant confirming the distance separation from other personal wireless service facilities.
(b) No building permit shall be issued by the Building Department and no engineering permit shall be issued by the Public Services Department prior to the approval of a development plan where required pursuant to this division (D).
(3) Completeness review; time limitation. The city shall grant or deny a properly completed application for personal wireless service facilities in the public rights-of-way within 90 days or, as required by federal and state law, after the date the application is determined to be properly completed. An application is deemed submitted or resubmitted on the date the application is received by the Planning and Economic Development Division. The Planning and Economic Development Division shall notify the applicant within 20 days after the date the application is initially submitted or additional information resubmitted, whether the application is properly completed in compliance with the city’s requirements. If the application is not completed in compliance with the city’s requirements, the Planning and Economic Development Division shall so notify the applicant in writing indicating with specificity any deficiencies which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the Planning and Economic Development Division shall notify the applicant, in writing, no later than 20 days after the additional information is submitted, of any remaining deficiencies that must be cured. If a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the Planning Division may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed.
(4) Co-location or use of stealth facilities. An antenna in the public right-of-way shall, to the extent possible, be co-located on an existing power, light or other utility pole. When co-location of an antenna is not possible, a freestanding stealth facility is preferred. For co-locations, the applicant shall submit an application to the city’s Building Department for approval.
(5) Statement. A statement or statements shall be submitted certifying that the construction of personal wireless service facilities proposed to be located in the public rights-of-way will comply with applicable standards as set forth in the Florida Building Code, latest edition, the State of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, and applicable electrical codes; and describing the proposed personal wireless service facilities’ capacity to permit multiple users, including an example of the number and type of antennas or other attachments that can be accommodated on support structures. No personal wireless service facility which exceeds its support structure’s loading capacity, which causes any pole or structure to exceed its loading capacity or which does not conform to applicable electrical codes shall be permitted in the public rights-of-way.
(6) Dimensional limits for cabinets, boxes and vaults. No permit or order shall be granted authorizing the placement, construction or modification in the public rights-of-way of a personal wireless service facility cabinet, box or vault having a total volume exceeding 24 cubic feet unless the applicant provides a statement explaining the need for the greater proposed dimensions and certifying that current technology provides no alternative consistent with the dimensional requirements of this division (D)(6).
(a) Height, setbacks and related location requirements.
1. The height of a new personal wireless service facility in the public right-of-way to which an antenna is attached shall not exceed the height of existing poles or structures in the public rights-of-way within 100 feet of such proposed new personal wireless service facility, or if no such existing poles are present in the public rights-of-way within 100 feet of such proposed new personal wireless service facility, the new personal wireless service facility shall be a minimum of 20 feet in height, and not exceed a height of 50 feet. Height shall be measured from the crown of the road of the nearest public street.
2. Except as otherwise provided herein, personal wireless service facilities in the public rights-of-way shall conform to the standards and requirements set forth in the State of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.
3. No antenna attached to a freestanding pole in the public rights-of-way, other than as a co-location with an existing power, light or other utility pole, or unless installed as a stealth facility, shall be permitted within 50 feet of any principal residential structure.
4. A box or cabinet housing the equipment connected to an antenna attached to a freestanding pole in the public rights-of-way shall be placed on the ground instead of attached to the pole supporting the antenna, and shall be screened from view.
(b) Antennas.
1. Each application for a personal wireless service facility, other than for co-location, shall contain a rendering or photograph of the proposed antenna which depicts its aesthetic features including, but not limited to, the use of colors and screening devices. The application shall be subject to administrative review regarding consistency with the requirements of this section. The City Manager, or his or her designee, may require, to the extent possible, that aesthetic features, including but not limited, to the use of colors and screening devices, be used so that antennas blend into the surrounding environment.
2. No signals, lights, or illumination shall be permitted on an antenna or, except in the case of a light pole or a stealth facility designed to emulate a light pole, on a pole to which such antenna is attached, unless required by applicable state or federal laws or rules.
3. Antennas shall be mounted at a height and location that will not interfere with use of the public rights-of- way.
4. No exterior antenna in the public rights-of-way shall exceed the height of the pole to which it is attached unless it is attached as a co-location to an existing power, light or other utility pole or on a pole designed to emulate a light pole.
5. No antenna shall be mounted more than four inches from the pole to which it is attached unless it is attached as a co-location to an existing power, light or other utility pole.
6. Exterior looping of excess cable length installed on any personal wireless service facility located in the public right-of-way is prohibited.
7. Distance between antenna locations/number of antenna locations within a specified area. To minimize the adverse visual impacts associated with the proliferation and clustering of antennas and associated above-ground personal wireless service facilities, no antenna site in the public rights-of-way shall be located within 600 feet of any other such antenna site or telecommunications tower. Further, no more than 13 antenna sites may be located within an area of one square mile. This division (C)(6)(b)7. shall not apply to any antenna co-located on an existing power, light or other utility pole within the public rights-of-way.
(c) Co-locations. For the purposes of this section, CO-LOCATION means the mounting or installation of an antenna on an existing power, light or other utility pole for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. In any co-location, the existing power, light or other utility pole may be modified or replaced to accommodate the new attachment, provided however that the modified or replacement pole complies with the height, setback and related location requirements, unless such requirements are waived. For the purposes
of this section, an existing power, light or other utility pole modified or replaced to accommodate a new attachment shall continue to be considered an existing pole after replacement or modification.
(d) Approval required from other governmental agencies and owners. Each application for the location of a personal wireless service facility in the public rights-of-way may be required to include written approval, or a statement of no objection, from state agencies that regulate siting, design, and construction of such facilities, or have jurisdiction over the public rights-of-way, if any such agencies require the applicant to seek their review or approval. An existing facility in the public rights-of-way shall only be utilized in a manner consistent with the city code and with the written permission of the facility owner.
(e) FCC emissions standards. All personal wireless service facilities in the public rights-of-way shall comply with current radio frequency emissions standards of the Federal Communications Commission.
(f) Buffering.
1. Except in the case of an application for a co-location, as a condition of approval the City Manager, or his or her designee, may require the use of a fence as a buffer that is consistent in design and function with existing fencing used in the public rights-of-way.
2. Except in the case of an application for a co-location, as a condition of approval the City Manager, or his or her designee, may require the use of landscaping as a buffer, which landscaping is consistent with the landscaping otherwise located in the public rights-of-way. Additional landscaping may be required if deemed necessary to buffer adjacent properties. The City Manager, or his or her designee, may require landscaping in excess of the requirements of the city code to enhance compatibility with adjacent residential and nonresidential land uses.
3. All buffering required in connection with the use of personal wireless service facilities in the public rights-of-way shall be maintained by the owner of such facilities at its own cost.
(g) Equipment. The location in the public rights-of-way of any equipment or equipment cabinets associated with personal wireless service facilities shall be subject to the approval of the City Engineer. Any such cabinets or equipment must be approved by the City Engineer as to safety, and shall not interfere with the use of the public rights-of-way. The City Engineer may require a statement certifying the need for the proposed equipment and location. No generators utilized in connection with personal wireless services facilities may be placed in the public rights-of-way, except temporarily in the case of emergency and if approved in advance by the City Engineer.
(h) Signs and advertising. The use of any portion of a personal wireless service facility in the public rights-of-way for the posting of signs or for advertising purposes, including, but not limited to, the display of lights, banners and streamers is strictly prohibited. For purposes of emergency contact, the owner of the personal wireless service facility shall place one identification label on the equipment advising of the name and contact telephone number of the owner of the personal wireless service facility.
(i) Inspections.
1. Owners or operators of personal wireless service facilities in the public rights-of-way shall ensure that the city’s Building Department has current contact information for such owner or its authorized representative.
2. The owner or operator of a personal wireless service facility in the public rights-of-way shall submit a report to the city’s Building Department, certifying the integrity of the personal wireless service facility and the safety of electrical components at least once every two years.
(j) Cooperative determination. In the event an applicant demonstrates, in writing, to the satisfaction of the City Manager, or his or her designee, that the operation of this section produces a result which is either (i) a burdensome hardship on the applicant, and is inconsistent with the general public welfare; or (ii) inconsistent with the intent of the particular provisions of this section, and inconsistent with the general public welfare, the applicant and the City Manager, or his or her designee, shall cooperate to determine an appropriate location and aesthetic design for the proposed facility. In any such cooperative determination there shall be a preference for co-location with existing personal wireless service facilities or other utility facilities, or for use of unused capacity on existing personal wireless service facilities. Where facilities cannot be co-located and no such unused capacity exists, there shall be a preference for the use of free-standing stealth-type structures which are consistent, to the extent possible, with this section. The City Manager, or his or her designee, may require a written statement certifying that the proposed location is needed by a personal wireless services provider to close a significant gap in its service to the affected areas.
(k) Modifications or replacements. Modification or replacement of any personal wireless service facilities in the public rights-of-way shall be subject to approval of the city’s Building Department. If such modification or replacement of personal wireless service facilities or equipment would, as reasonably determined by the city, result in the facility or equipment being readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, such modification shall require approval as a non-quasi judicial item before the Planning and Zoning Board. Any co-location of personal wireless service facilities, removal of personal wireless service facilities or replacement of personal wireless service facilities that substantially changes the physical dimensions of an antenna node site shall be subject to approval of the city’s Building Department. Notwithstanding anything to the contrary in this section, for an eligible facilities request under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, the application shall be subject only to the Building Department’s review and approval process.
(l) Statements and certifications. Any statement or certification submitted by or on behalf of an applicant pursuant to the provisions of this section shall be prepared applying rational analysis by one or more engineers registered and licensed in the state, or by such other person or persons designated by the applicant who are qualified to perform the required analysis. Any person or persons providing such a statement or statements shall also certify as to his or her competence in the discipline or disciplines necessary to perform the analysis and to provide the statement.
(E) A registrant shall, at its own expense, restore the public rights-of-way to at least its original condition before such work after the completion of any placement or maintenance of a communications facility or personal wireless service facility in public rights-of-way or each phase thereof. If the registrant fails to make such restoration within 30 days following the completion of such placement or maintenance, the city may perform such restoration as it deems necessary and charge all costs of the restoration against the registrant in accordance with F.S. § 337.402, as it may be amended. The registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for 12 months following the original completion of the work.
(F) Removal or relocation at the direction of the city of a registrant’s communications facility or personal wireless service facility in public rights-of-way shall be governed by the provisions of F.S. §§ 337.403 and 337.404, as they may be amended.
(G) A permit from the city constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this chapter, 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.
(H) A registrant shall maintain its communications facility or personal wireless service facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.
(I) In the interest of the public’s health, safety and welfare, upon request of the city, a registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way. The city may require a registrant to alter its placement or maintenance schedule as the city determines to be reasonably necessary so as to minimize disruptions and disturbance in the public rights-of-way. The city may provide a more definite time frame based on individual city construction or maintenance schedules.
(J) The city makes no warranties or representations regarding the fitness, suitability, or availability of city’s public rights-of-way for the registrant’s communications facilities or personal wireless service 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 chapter shall affect the city’s authority to add, vacate or abandon public rights-of-way and city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities or personal wireless service facilities.
(K) The city shall have the right to make such inspections of communications facilities and personal wireless service facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the city determines that a violation exists with respect to registrant’s placement or maintenance of facilities in the public rights-of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide the registrant at least three days written notice setting forth the violation and requesting correction.
(L) The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. Registrant shall, if the registrant so agrees, allow city facilities to be co-located within city’s public rights-of-way through the use of a joint trench during registrant’s construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between the registrant and the city and may be subjected to other city rights-of-way requirements. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered.
(M) A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its communications facilities or personal wireless service facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than 30 days advance written notice to arrange for such temporary relocation. If the city requests a temporary raising or lowering of a facility for a public purpose, the city shall not be charged for the temporary raising or lowering of the facility.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
ENFORCEMENT
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