1379-19 Right-of-Way Cell Towers

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7.12.06. -Rules,Regulations and General Conditions for Placement of Communications Systems and Facilities in the Public Rights-of-Way. 7.12.06.01 General. As a condition of allowing the placement or maintenance of a Communications System or any Communications Facility in the Public Rights-of-Way, and under additional authority granted pursuant to Chapter 337, Florida Statutes, the City hereby imposes the rules, regulations and general conditions contained in this section. Unless otherwise provided in this Part, these rules, regulations and general conditions shall apply to all Communications Services Providers, including those that are Pass-Through Providers irrespective of whether they place and maintain only conduit, dark fiber or Pass-Through Facilities. 7.12.06.02 Utilization of the Public Rights-of-Way. The requirements of this subsection shall apply to the utilization of any Public Right-of-Way. (1) Compliance with Laws. A Communications Services Provider shall at all times be in full compliance with and abide by all applicable federal, state and local laws, codes and regulations in placing or maintaining a Communications System and Facilities in the Public Rights-of-Way. (2) Due Care. A Communications Services Provider shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas. (3) Permits. A Communications Services Provider shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits have been issued by the City and other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or general welfare, which includes an unplanned out-of-service condition of a pre-existing service. The Communications Services Provider shall provide prompt notice to the City of the placement or maintenance of a Communications Facility in the Public Rights-of-Way in the event of an emergency and shall, after-the-fact,be required to submit plans and Record Drawings and As-Built Surveys,showing the placement or relocation of a Communications Facility undertaken in connection with the emergency. (4) Application for Right-of-Way Use Permit. Prior to the issuance of a Right-of-Way Use Permit to allow the placement or maintenance of a Communications System or Facility in the Public Rights-of-Way, the City has the right to review and consider and the Communications Services Provider shall provide all of the following: a. The expected dates and times when the Facility will be installed and the estimated time needed for construction and placement of the proposed Facility; b. The location of the proposed Facility, the Public Rights-of-Way affected and a description of the Facility, including the type of Facility (e.g. conduit, fiber, twisted pair, etc.),the number of fibers or other cable being installed, and the approximate size of the Facility(e.g. length,height, width and diameter); and c. Plans,drawings,photographs, and schematics(including cross section layout)prepared by a qualified engineer or technician showing where the Facility is proposed to be located in the Public Rights-of-Way and showing any known Communications Facilities or utility facilities in such Public Rights-of-Way. (5) Revised Plans. If the plans or drawings submitted showing the proposed location for installation of the Facility in the Public Rights-of-Way require revision for any reason prior to commencing construction,the Communications Services Provider shall promptly submit revised plans and drawings to the Planning and Public Works Departments. (6) Power to Restrict Area. 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 within a particular area of the Public Rights-of Way and deny the issuance of a Right-of-Way Use Permit. Page 10of31