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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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which the applicant obtains, develops, or provides the estimate or conducts <br /> the make-ready work subject to usual construction restoration standards for <br /> work in the right-of-way. The replaced or altered utility pole shall remain the <br /> property of the City. <br /> (7) The City may not require more make-ready work than is required to meet <br /> applicable codes or industry standards. Fees for make-ready work may not <br /> include costs related to preexisting damage or prior noncompliance. Fees for <br /> make-ready work. including any pole replacement, may not exceed actual <br /> costs or the amount charged to communications services providers other than <br /> wireless services providers for similar work and may not include any <br /> consultant fee or expense. <br /> c8) A collocation of a small wireless facility on a City utility pole shall comply <br /> with all applicable codes, and shall not compromise the City utility pole's <br /> finish. functionality, or structural integrity particularly with respect to <br /> vulnerability to high velocity wind conditions. <br /> (9) A collocation of a small wireless facility on a City utility pole shall not affect <br /> the City's ability to remove or to replace the pole in its sole discretion. <br /> Within thirty (30) days after receiving notification that the City intends to <br /> remove or to replace the utility pole, the registrant shall remove its collocated <br /> small wireless facility at its cost. If the registrant fails to do so, the City may <br /> remove the facility and charge all costs. including collection costs to the <br /> registrant. <br /> (b) Location context and public safety regulations. A proposed communications <br /> facility shall comply with the following location context requirements unless <br /> waived by the City. In conjunction with granting such waiver. the City may require <br /> conditions on the permit approving such facility. <br /> (1) A registrant shall comply with all applicable provisions of state law and City <br /> ordinances, applicable codes and regulations, quasi judicially approved <br /> conditions for approvals. settlement agreements, applicable contracts. <br /> applicable court orders, and applicable provisions of federal statutes. FCC <br /> regulations and PSC regulations with respect to locations for placing or <br /> maintaining a communications facility in the public rights-of-way. Wireless <br /> facilities shall be considered to be structures under the Florida Building <br /> Code. Building Risk Category IV. Structures. Chapter 16 Section 1620 — <br /> 1621. High Velocity Hurricane Zone Area. <br /> (2) All communications facilities shall be placed and maintained so as not to <br /> interfere with, create any safety hazard. or create a visual obstruction to the <br /> traveling public's the use of the public rights-of-way, or the use of bicycle <br /> lanes or multipurpose trails. To avoid such visual obstructions, no utility <br /> poles for collocation of small wireless facilities or ground mounted small <br /> wireless facilities shall be located within traffic circles. <br /> 60 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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