Fort Walton Beach Ordinance — 1459--Communication Facilities in ROW — reading text

guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this Ordinance at its own expense. 8. Removal or relocation at the direction of the City of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. 9. A permit from the City constitutes authorization to undertake only certain activities in 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. 10. A Registrant shall maintain its Communications Facility in Public Rights-of-Way ina manner consistent with accepted industry practice and applicable law and to the satisfaction of the Page -13- City. 11. In connection with excavation in the Public Rights-of-Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. 12. _ Registrant 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 and the general public. 13. | Upon request of the City, and as notified by the City of the other work, construction, installation or repairs referenced below, a Registrant may be required to 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, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way. 14. _— A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City or any other Person's facilities lawfully occupying the Public Rights-of-Way of the City. 15. The City makes no warranties or representations regarding the fitness, suitability, or availability of the City’s Public Rights-of-Way for the Registrant’s Communications Facilities and any performance of work, costs incurred or services provided by Registrant shall be at Registrant’s sole risk. Nothing in this Ordinance shall affect the City’s authority to add, vacate or abandon Public Rights-of-Way, and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities. Page -14- 16. The City shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary to ensure compliance with this Ordinance. 17. 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 types of 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. The Registrant shall be responsible for relocating (at its own expense) its Facilities lying within the Public Rights-of-Way of the City, in the event that the City determines in its sole discretion that they interfere with the installation or maintenance of the City’s sewer, water, storm drainage, communications or other types of facilities. 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. 18. A Registrant shall, on the request of any Person holding a permit issued by the City, temporarily raise, lower or otherwise adjust its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising, lowering or other adjustment of Facilities shall be paid by any Person (other than the City) requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. 19. A wireless facility that is a portion of a Communication Facility, such as an antenna (“Wireless Facility(Gies)’”), which is attached to a legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or utility pole (“Vertical Structure(s)”), shall be subject to the Page -15- following criteria: (a) such Wireless Facilities may not extend more than 10 feet above the highest point of the Vertical Structure; (b) such Wireless Facilities that are attached to a Vertical Structure located in Public Rights- of-Way shall utilize stealth technology; (c) such Wireless Facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law; (d) such Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards; (e) the design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes; (f) no commercial advertising shall be allowed on such Wireless Facilities; and (g) any accessory equipment and related housing in the Public Rights-of-Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment. 20. Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being placed in the Public Rights-of-Way. 21. Construction work (excluding restoration work) shall be performed during normal work hours (7:00 A.M. to 4:00 P.M., Monday through Friday). Construction work after normal work hours, on weekends and national holidays, shall be on an emergency basis only. Section 7 - Suspension of Permits 1. | The City may suspend a permit for work in the Public Rights-of-Way for one or more of the following reasons: Page -16- (a) Violation of permit conditions, including conditions set forth in the permit, this Ordinance or other applicable City ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way; (b) Misrepresentation or fraud by Registrant in a Registration or permit application to the City; (c) Failure to properly renew or ineffectiveness of Registration; or (d) Failure to relocate or remove Facilities as may be lawfully required by the City. 2. The City Manager or his or her designee shall provide notice and an opportunity to cure any violation of (a) through (d) above, each of which shall be reasonable under the circumstances. 3. In the event of a hurricane or other emergency, construction permits shall be automatically suspended for the duration of the hurricane or other emergency, the site shall be cleaned and obstructions in the Rights-of-Way shall be removed. Section 8 - Appeals Final, written decisions of the City Manager or his or her designee suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal. An appeal must be filed with the City Manager within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The City shall consider, or appoint a hearing officer to consider, the appeal. The hearing shall occur within thirty (30) days of the receipt of the appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted. Page -17- Section 9 - Involuntary Termination of Registration 1. The City may terminate a Registration if: (a) A Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (b) The Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents a 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; or (c) The Registrant ceases to use all of its Communications Facilities in Public Rights-of-Way and has not complied with Section 16 of this Ordinance. 2. Prior to termination, the Registrant shall be notified by the City Manager or his or her designee with a written notice setting forth all matters pertinent to the proposed termination action, including which of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the City with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Manager or his or her designee, to accomplish the same. If the plan is rejected, the City Manager or his or her designee shall provide written notice of such rejection to the Registrant and shall make a recommendation to the City Council regarding a decision as to termination of Registration. A decision by the City to terminate a Registration may only be accomplished by an action of the City Council. A Registrant shall be notified by written notice of any decision by the City Council to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision. 3. In the event of termination, the former Registrant shall: (a) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant’s Page -18- Communications Facilities in Public Rights-of-Way; or (b) provide the City with an acceptable plan for disposition of its Communications Facilities in Public Rights-of-Way. The Registrant shall be responsible for any damage in the Rights-of-Way prior to termination. If a Registrant fails to comply with this subsection 3., which determination of non-compliance is subject to appeal as provided in Section 8, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal. 4, In any event, a terminated Registrant shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights-of- Way of the City. 5. In the event of termination of a Registration, this Section does not authorize the City 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 Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City, if required. Section 10 - Existing Communications Facilities in Public Rights-of-Way A Communications