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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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number include the plural number. The words "shall" and "will" are mandatory. and "may" is <br /> permissive. Words not otherwise defined in this Ordinance or in any permit that may be granted <br /> pursuant to this Ordinance shall be given the meaning set forth in the Communications Act of 1934. <br /> 47 U.S.C. §151 et seq., as amended or the Spectrum Act. 47 U.S.C. §1455(a) (collectively the <br /> "Communications Act"). and if not defined in the Communications Act. as defined by Florida <br /> Statutes: and, if not defined by Florida Statutes, as defined in the City Code, and if not defined in <br /> the City Code. shall be construed to mean the cornmon and ordinary meaning. <br /> Abandonment or Abandoned shall mean the cessation of all uses of a communications <br /> facility for a period of one hundred eighty (180) or more consecutive days provided this term shall <br /> not include the cessation of all use of a communications facility within a physical structure where <br /> the physical structure continues to be used for some purpose or use accessory to the <br /> communications facility. By way of example, cessation of all use of a cable within a conduit, where <br /> the conduit continues to be used for some purpose or use accessory to the communications facility. <br /> shall not be Abandonment of a communications facility. A wireless infrastructure provider's failure <br /> to have a wireless service provider provide service through a small wireless facility collocated on a <br /> utility pole within nine (9) months after the application is approved in accordance with Section <br /> 337.401(7)(j). F.S.. shall constitute abandonment. The terms Abandonment or Abandoned are not <br /> intended to include a dropped line from a potential or existing customer in the event the <br /> communications services provider reasonably anticipates future use of the dropped line. <br /> Abut shall mean. when used in conjunction with a lot or parcel of land or public right-of- <br /> way. means a lot or parcel of land or public right-of-way that shares all or a part of a common lot <br /> line or boundary line with another lot or parcel of land or public right-of-way. <br /> Adjacent Properties or Properties Adjacent shall mean (i) those lots or parcels of land that <br /> abut another lot or parcel of land or public right-of-way that is contiguous to a communications <br /> facility site or proposed site and (ii) the lots or parcels of land or public right-of-way that would be <br /> contiguous to lots or parcels or public rights-of-way but for an intervening local or collector <br /> roadway. <br /> Antenna shall mean communications equipment that transmits or receives electromagnetic <br /> radio frequency signals used in providing wireless services. <br /> Applicable Codes shall mean uniform building, fire. electrical. plumbing. or mechanical <br /> codes adopted by a recognized national code organization or local amendments to those codes <br /> enacted solely to address threats of destruction of property or injury to persons. including, but not <br /> limited expressly to the Florida Building Code. National Electrical Code, National Electrical Safety <br /> Code. 2010 Florida Department of Transportation Utility Accommodation Manual. the Florida <br /> Department of Transportation Manual on Traffic Control and Safe Practices. the State of Florida <br /> Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and <br /> Highways. the "Safety Rules for the Installation and Maintenance of Electrical Supply and <br /> Communication Lines" established by the Department of Commerce. Bureau of Standards of the <br /> United States, as may be amended, and City codes or ordinances adopted to implement Section <br /> 337.401, Florida Statutes. including but not limited to this Ordinance. The term includes objective <br /> design standards adopted by this Ordinance that may require a new utility pole that replaces an <br /> existing utility pole to be of substantially similar design. material, and color or that may require <br /> 21 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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