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2017-03 Code Amendment - Communications ServicesORDINANCE NO. 2017-03 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING COMPREHENSIVE REVISIONS TO CHAPTER 29, "TELECOMMUNICATIONS," AND RENAMING THE CHAPTER "COMMUNICATIONS SERVICES;" ADOPTING REVISED DEFINITIONS IN CONFORMANCE WITH STATE AND FEDERAL LAW; DELETING PROVISIONS SUPERSEDED BY STATE STATUTE; PROVIDING FOR WIRELESS COMMUNICATIONS FACILITIES AND DESIGN STANDARDS; PROVIDING FOR AN UPDATED AND REVISED PERMITTING PROCESS; REQUIRING DESIGN FEATURES FOR CERTAIN ABOVE GROUND FACILITIES; PROVIDING PARAMETERS FOR THE PLACEMENT OF WIRELESS COMMUNICATIONS FACILITIES IN RESIDENTIAL RIGHTS -OF -WAY; PROVIDING A WAIVER PROCESS; REVISING THE INSURANCE AND BOND REQUIREMENTS; INCREASING THE MAXIMUM FINE AMOUNT; PROVIDING FOR RESERVATION OF RIGHTS; PROVIDING FOR REGULATION OF PASS - THROUGH PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2015 -21, the Village Council enacted a six -month moratorium on the acceptance of new applications and on the issuance of permits and approvals for pending applications for the installation of new wireless communications facilities within any rights -of -way in the Village and on any property within or adjoining a residential district; and WHEREAS, the Village Council directed Village Administration to review the Village's existing communications facilities registration, permitting and installation ordinances to determine what revisions were necessary to protect the residents of the Village from any adverse impacts associated with the installation of wireless communications facilities in residential rights -of -way and to ensure that that the Village Code provides for a thorough and efficient application process for applicants; and WHEREAS, Village Administration has reviewed the Village Code and applicable state and federal laws and regulations regarding wireless communications facilities and has consulted with representatives of communications services providers; and WHEREAS, based on such review and consultation, Village Administration has updated the Village Code regulations for the placement of communications facilities, including wireless communications facilities, within Village rights -of -way; and WHEREAS, the revised regulations recognize issues particular to rights -of -way in residential zoning districts, new wireless technology that did not exist when the Village's original codes were adopted, and the unique character of "pass through" providers; and WHEREAS, the Village Council desires to adopt these updated regulations; and Page 1 of 32 WHEREAS, the Village Council determines that the adoption of this Ordinance will protect the public health, safety and welfare of Village residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 29, "Telecommunications," of the Village Code of Ordinances to read as follows (additional language is underlined and deleted language is stfievo„ thr -,YYg ): Chapter 29 — Telecommunications Communications Services Sec. 29 -1. Title. This chapter shall be known and may be cited as the Village of North Palm Beach Teleeommunic tions Communications Services Ordinance. Sec. 29 -2. Intent and purpose. It is the intent of the village to promote the public health, safety, and general welfare by providing for the placement and maintenance of communications facilities and wireless communications facilities in use e€ the public rights -of -way within the village, to adopting and administeriqg reasonable rules and regulations consistent with State and Federal Law, including F.S. §§ 337.401, 362.01, and 337.29(3), as they may be amended, and the village's home - rule authority in accordance with the provisions of the Communications Act of 1934, including without limitation the Telecommunications Act of 1996 and rules and orders of the FCC as each is amended from time to time, to provide for the iTV1 YTCC�7re�4der to the village V1 the + Y regulating � maintaining the p�1ZV -V 111C1g for g�LTtLCClll� -CGt1U lllµlll�(.1111111� the publie rights of way and for +BYO privilege of using the publ rights YY n .i ithi llt 11 X11 YJ Vl VY•Wy YY 1L the +;,, n maintaining tel • + f edit o and to YY111<µ�1V11J 1Llt 111 llt� village 0 n establishi.pg the reasonable rules and regulations ^ ^emi g the use of the + blie rights of way by all tel . tions ser-viee providers after- the effeetive date „11.,.,1111 of this ehapt ff necessary to manage the placement and maintenance of communications facilities and wireless communications facilities in the public rights of way by all communications services providers and pass - through providers. In regulating its public rights -of -way, the village shall be governed by and shall comply with all applicable federal, state and local laws and regulations. It is further the intent of the village that this chapter shall not regulate the installation of utility poles including aerial facilities located between utility poles with associated pole attachments provided such aerial facilities are not wireless communications facilities providing wireless communications services. Page 2 of 32 Sec. 29 -3. Definitions. For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. 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. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted pursuant to this chapter shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended the Telecommunications Act of 1996 and rules and orders of the FCC, as each may be amended (collectively the "Communications Act "), and, if not defined therein, as defined by Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning. Abandonment shall mean the permanent cessation of all uses of a communications facility or wireless communications facility provided that this term shall not include the cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be the "abandonment" of a facility in a public right -of -way. Communications services shall mean the transmission, conveyance or routing_ of voice, data, audio, video, or any other information or signals, including video services, 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 of hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice -over- internet protocol services or is classified by the Federal Communications Commission as enhanced or value- added. The term does not include: information services; the installation or maintenance of wiring or equipment on a customer's premises; the sale or rental of tangible personal property, the sale of advertising, including but not limited to, directory advertising; or internet access service, electronic mail service, electronic bulletin board service, or similar online computer services. Communications services provider shall mean any person who, upon registering with the village, places or maintains a communications facility in the village's right -of -way. Page 3 of 32 Communications faciliby or facility or system shall mean any permanent or temporary_ plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennas, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathways placed or maintained or to be placed or maintained in the public rights -of -way of the village and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. Communications facilities may be wired, wireless or both. Communications facilities may be placed or maintained within village rights -of -way by communications services providers or by pass - through providers in accordance with the provisions of this chapter. This definition shall not include utility poles, including aerial facilities located between utility poles and associated pole attachments, provided such aerial facilities are not wireless communications facilities providing wireless communications services. Distributed antenna system or DAS is a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. FCC shall mean the Federal Communications Commission. Information service means the offering or a capability for generating, acquiring, storing, transforming, processing, retrieving or making available information via communications services, including, but not limited to, electronic nublishina. web - hosting services, and end -user 900 number service. The term does not include video service. Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104 -104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto. Page 4 of 32 WE M.M.91MCMMOM a 010", 211111111 IIIIIIIIIIIIINI � .� WTH Information service means the offering or a capability for generating, acquiring, storing, transforming, processing, retrieving or making available information via communications services, including, but not limited to, electronic nublishina. web - hosting services, and end -user 900 number service. The term does not include video service. Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104 -104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto. Page 4 of 32 Person means any individual, corporation, partnership, association, joint venture, estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, and all other groups or combinations. Pass-through provider shall mean any person who, upon registering with the village places or maintains a communications facility in the village's rights - of -way and that does not remit communications service taxes as imposed by the village pursuant to F.S. Ch. 202. Place or maintain shall mean to erect, construct, install, maintain, place, repair, extend expand remove occupy, locate or relocate. A communications services provider or pass - through 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 is not placing or maintaining facilities in the public rights -of -way. PSC means the Florida Public Service Commission. Public rights -of -way means the surface, the airspace above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, court, lane, path, alley, way, drive, circle, public easement, public place, or any other property for which the village is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law. "Public rights -of -way" shall not include any real or personal village property except as described above and shall not include village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the public rights -of -way. ININDM- Page 5 of 32 ......... . ...... . ..... Page 5 of 32 �rlr ��9 %�J�l� \T� \�:I:: �7• \�1•!lSS \� : /�\ �R!!� \1�9� % \RT!•l %�1T1S4 \� S41 \:f Wer -state n o� WIMMOOMPM - AA - - M� _ rvw. Wer -state n o� WIMMOOMPM - AA - - _ rvw. - - TAWOR Registrant or facility owner shall mean a teleeemmunications eempany communications services provider or pass - through provider or other person which seeks to use or occupy the public rights -of -way that has registered with the village in accordance with the provisions of this chapter. Page 6 of 32 Registration and register shall mean the process described in section 29 -4 whereby a telecommunications s ^° communications services or pass - through provider provides certain information to the village. qmu Utilitv vole means a structure owned and /or operated by a public utility, or public utility district electric membership corporation, or rural electric cooperative that is designed to, or used for the purpose of, carrying lines, cables, or wires for telecommunications, cable services or electricity. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility. Page 7 of 32 A� - - - - _ Win 11M.MVIIIIIII MIMI -• P.IFITAIN Utilitv vole means a structure owned and /or operated by a public utility, or public utility district electric membership corporation, or rural electric cooperative that is designed to, or used for the purpose of, carrying lines, cables, or wires for telecommunications, cable services or electricity. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility. Page 7 of 32 A� - - - - _ Win 11M.MVIIIIIII .. - WHINK "61 Utilitv vole means a structure owned and /or operated by a public utility, or public utility district electric membership corporation, or rural electric cooperative that is designed to, or used for the purpose of, carrying lines, cables, or wires for telecommunications, cable services or electricity. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility. Page 7 of 32 A� - - - - _ Win 11M.MVIIIIIII Utilitv vole means a structure owned and /or operated by a public utility, or public utility district electric membership corporation, or rural electric cooperative that is designed to, or used for the purpose of, carrying lines, cables, or wires for telecommunications, cable services or electricity. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility. Page 7 of 32 Video service means the transmission of video, audio, or other programming service to a purchaser, and the purchaser interaction, if any, 1 required for the selection or use of a programming service, regardless of whether the programming is transmitted over facilities owned or operated by the video service provider or over facilities owned or operated by another dealer of communications services. The term includes point -to -point and point -to- multipoint distribution services through which programming is transmitted or broadcast by microwave or other equipment directly to the purchaser's premises, but does not include direct -to -home satellite service. The term includes basic, extended premium pay -per -view, digital video, two -way cable, and music services. Wireless communications faciliby means equipment or facilities located within a village right -of -way, used to provide wireless communications service and may include but is not limited to, antennas, towers, equipment enclosures, cabling antenna brackets and other such equipment Wireless communications facilities within a right -of -way may be comprised of distributed antennasystems. Placing a wireless communications facility on an existing tower or building does not cause the existing tower or building to become a wireless communications facility. Wireless communications facilities may be placed or maintained within village rights -of -way by communications services providers or by pass - through providers in accordance with the provisions of this article. Village means the Village of North Palm Beach, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. Sec. 29 -4. Registration. (a) Each teleeemmunieations communications services provider or pass - through provider that desires to place, e-reet, Eenstr-uet, instal or maintain, repair-, extend, expand, remove, releeate any telee ,,,,Y,,,,,,;^^ +,,,,^ faeilities a communications facility or wireless communications facility ink over or- er- any public right -of -way in the village shall be ^ side,. °a to be n g Of Oeeup5ing -the rights of wa ' shall be required to register with the village in accordance with the terms of this chapter. (b) Any teleeammunieations —se communications services provider or pass - through provider desiring to use the place or maintain a communications facility or wireless communications facility public rights -of -way shall file a registration with the village which shall include the following information: (1) Identity of the applient re isg trant and name, address and telephone number of applieant's registrant's primary contact person in connection with the registration; - - - - - - - MOM'""Iffifilk - -. Page 8 of 32 (4 2) Evidence of the insurance coverage required under this chapter and acknowledgment that registrant has received and reviewed a copy 1 of this chapter; (4 3) A copy of Federal and /or state certification authorizing the applican re isg trant to provide teleeommunie tions communications services. If the registrant is a corporation, proof of authority to do business in the State of Florida, which may be satisfied by the number of the corporate certification or by other means. (5) A security fund in accordance with this chapter. (c) The village will review the information submitted by the applicant. Such review will be by the village manager or his or her designee. If the applicant submits information in accordance with subsection (b) of this section, the registration shall be effective and the village shall notify the applicant of the effectiveness of registration in writing. If the village determines that the information has not been submitted in accordance with subsection (b) of this section, the village shall notify the applicant of the non - effectiveness of registration, and reasons for the non - effectiveness, in writing. The village shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. A registrant may cancel a registration upon written notice to the village noticing that it will no longer maintain aM communications facilities or wireless communications facilities in the public rights -of -way and will no longer need to pull permits to perform work in public right -of -way. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (b) of this section, registrant shall provide updated information to the village. (d) A registration shall not convey title, equitable or legal, in the public right -of -way. Registrants may only occupy public rights -of -way for telecommunications facilities. Registration does not excuse a teleeommunie tions communications services provider or pass - through provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the village's or another person's facilities. Registration does not excuse a communications services provider or pass - through provider from complying with all applicable village laws, regulations and ordinances, including this chapter. Page 9 of 32 WN IN i Mir • Page 9 of 32 (f e) Registration with the village shall be nonexclusive. Registration does not establish any priority for the use of the public right -of -way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional village ordinances, as well as any state or federal laws that may be enacted during the term of the registration. ffiflk 0 � \ WALewe�����:i�e�.��un :yam Page 10 of 32 I - _ AA .� L.1111 fi .A.. 1, 111 li!11 .. .110 111 F. All - - -- - - - - ffiflk 0 � \ WALewe�����:i�e�.��un :yam Page 10 of 32 I - _ AA .� L.1111 fi .A.. ffiflk 0 � \ WALewe�����:i�e�.��un :yam Page 10 of 32 fee imposed to this subseetion shall not apply The or other eonsider-ation pufstiant teleeommunieations in any manner- -te any defined in eompany F.S. § trolYreh prVY1GT�J fo teleeommunieations ser-viees as (e) Notwithstanding yth g herein hefeby the t the .,ontf` allowed • the village shall µ+ under applieable !a a4l times r-equire maximum eompensation (d) Exeept to the extent prohibited (1 ) The f payments to be made deemed to be in the nature of (-2) Sueh fee payments shall be general applieability; by applieable p rsu + to a twE; in addition law this Seel or shall not be to any and all twEes of a FrA- - - - - - Page 11 of 32 - - Page 11 of 32 IN 101"'I - t RVII. - WMT.T - AA 10 0 r I mm m p v m P.1 rMT M. - war ALA _ a Page 11 of 32 Ylfliiilil. I A I� ".1111 A. 01914MMEMM Sec. 29 -75. Underground installation; relocation damage to village facilities; emergencies; abandonment. (a) Underground installation To the extent required by applicable village rules and regulations and not inconsistent with applicable PSC rules and regulations and state and federal law, a registrant shall endeavor, when practicable, to install its communications facilities underground. This provision shall not apply to wireless communications facilities. To extent not inconsistent with PSC regulations and state and federal law, the village may require the use of trenchless technology (i.e., directional bore method) for the installation of underground facilities in the public rights -of -way as well as joint trenching and /or the co- location of facilities in existing conduit. In making, such requests, the village shall take into consideration several factors including inconvenience to the public and other users of rights -of -way and the economic and technical feasibility of such requests. The village may issue such additional rules and regulations concerning placement and maintenance of a communications facility in the public rights -of -way, as may be consistent with applicable law and not inconsistent with this chapter. Page 12 of 32 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 F.S. Ch. 556, as it may be amended. (d b) Damage to village facilities. The registrant shall not in any way displace, damage, or destroy any village facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or- afly other- f eilities belonging to the village. The registrant shall be liable to the village for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the village, and the registrant shall pay such costs upon demand. In the case of an emergency, the village may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the village may cause the repairs to be made at the facility - owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. In all other non - emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the village may, cause the repairs to be made at the facility - owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. 111 1,1 1 AM- TAX (d b) Damage to village facilities. The registrant shall not in any way displace, damage, or destroy any village facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or- afly other- f eilities belonging to the village. The registrant shall be liable to the village for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the village, and the registrant shall pay such costs upon demand. In the case of an emergency, the village may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the village may cause the repairs to be made at the facility - owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. In all other non - emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the village may, cause the repairs to be made at the facility - owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. Page 13 of 32 111 1,1 1 AM- Page 13 of 32 (h c) EmeN e ncies. The village retains the right and privilege to cut or move any facilities located within the public rights -of -way of the village, as the village manager in his /her reasonable discretion may determine to be necessary, appropriate or useful in response to any imminent public health or safety emergency. If circumstances permit, the village shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, within twenty -four (24) hours after cutting or removing a facility. (i d) Abandonment. Upon abandonment of a facility within the public rights -of -way of the village, the owner of the facility shall notify the village within ninety (90) days. Following receipt of such notice, the village may direct the facility owner to remove all or any portion of the facility if the village determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the village, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Sec. 29 -86. Placement or maintenance of a communications facility or a wireless communications facility in public rights -of -way. (a) " facility ownef A re istrant agrees at all times to comply with and abide by all applicable provisions of the federal laws, state statutes and local laws and ordinances including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws. Page 14 of 32 MPOTTI MAI NONNI NONE i i 1i (h c) EmeN e ncies. The village retains the right and privilege to cut or move any facilities located within the public rights -of -way of the village, as the village manager in his /her reasonable discretion may determine to be necessary, appropriate or useful in response to any imminent public health or safety emergency. If circumstances permit, the village shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, within twenty -four (24) hours after cutting or removing a facility. (i d) Abandonment. Upon abandonment of a facility within the public rights -of -way of the village, the owner of the facility shall notify the village within ninety (90) days. Following receipt of such notice, the village may direct the facility owner to remove all or any portion of the facility if the village determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the village, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Sec. 29 -86. Placement or maintenance of a communications facility or a wireless communications facility in public rights -of -way. (a) " facility ownef A re istrant agrees at all times to comply with and abide by all applicable provisions of the federal laws, state statutes and local laws and ordinances including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws. Page 14 of 32 MAI (h c) EmeN e ncies. The village retains the right and privilege to cut or move any facilities located within the public rights -of -way of the village, as the village manager in his /her reasonable discretion may determine to be necessary, appropriate or useful in response to any imminent public health or safety emergency. If circumstances permit, the village shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, within twenty -four (24) hours after cutting or removing a facility. (i d) Abandonment. Upon abandonment of a facility within the public rights -of -way of the village, the owner of the facility shall notify the village within ninety (90) days. Following receipt of such notice, the village may direct the facility owner to remove all or any portion of the facility if the village determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the village, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Sec. 29 -86. Placement or maintenance of a communications facility or a wireless communications facility in public rights -of -way. (a) " facility ownef A re istrant agrees at all times to comply with and abide by all applicable provisions of the federal laws, state statutes and local laws and ordinances including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws. Page 14 of 32 (b) Except in the case of an emergency, which shall iffielude with limit ation an out of service eondition aff-ecting 911 serviee, and which shall req subsequent cation to the a registrant shall not lap ce or maintain a communications facility or wireless communications facility in public rights -of -way until all applicable permits have been issued by the village. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out -of- service condition of a pre - existing service. Registrant shall provide prompt notice to the village of the placement or maintenance of a communications facility or wireless communications facility in public rights -of -way in the event of an emergency. Registrant acknowledges _ that as a condition of rg antin such uch permits, the village may impose reasonable rules or regulations governing placement or maintenance of a communications facility or wireless communications facility in public rights -of -way. Permits shall apply only to the areas of public rights -of -way specifically identified in the permit. The village may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements. The village may also issue a project permit for two (2) or more communications facilities or wireless communications facilities that form one or multiple clusters to serve a specified service area and installed in a defined project hp ase• no telecom unioations ider shat eenstr-uet any f4eility on, over, above, along, upon, > > any publie right of way w-hieh disFupts the publie rights of way without first filing an. applieation with and obtaining a pefmit from the village thefefor-, pufsua-flt to applieable permitting requirements of the village, and other applioable village Gode requir-ements, exoept as otherwise provided in this chapter. in oase of the r-epatf or Maintenanee of an existing f4eility, the village may impose lesserr r-equirements than those set forth herein. Unless other-wise r-equir-ed by the village Gede, no per-mit shall be requifed for installation and maintenance of eon Miens to oustomers' premises where there will be no disruption of the pi fights of . (c) As part of any permit application, with r eet to „ or existing f4eilities, to place a new or replace an existing communications facility or wireless communications facility, where applicable, in the public rights -of -way, the registrant shall provide a proposal for construction of the teleeemmunie tions communications facility or wireless communications facility that sets forth at least the following: (1) An engineering plan signed and sealed by a Florida Registered Professional Engineer or prepared by a person who is exempt from such registration requirements as provided in F.S. § 471.003, identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights -of -way. Page 15 of 32 (2) A description of the manner in which the system facility will be installed (i.e. anticipated construction methods and /or techniques), 1 the time required to construct the system, a maintenance of traffic plan for any disruption of the public rights -of -way, information on the ability of the public rights -of -way to accommodate the proposed system that identifies all above ground facilities currently existing in the rights -of -way to which the permit applies, and extending two hundred (200) feet beyond said areas within village rights -of -way; if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the public rights -of -way), and, if appropriate given the system proposed, an estimate of the cost of restoration to the public rights -of -way. Such plan shall include the timetable for construction for each phase of the project, and the areas of the village which will be affected. An inventory of all existing communications facilities or wireless communications facilities that the registrant or the registrant's predecessors in interest has previously placed in the rights -of -way to which the permit application applies, and extending hundred (500) feet beyond said areas within the rights -of -way, as well as any other areas within the village which the village finds reasonably necessary to review the permit application. (3 4) The village may request such additional information as it finds reasonably necessary to review an application for a permit to perform work in the public rights -of -way. (d) To the extent not otherwise prohibited by state or federal law, the village shall have the power to prohibit or limit the placement of new or additional communications facilities or wireless communications facilities within the public rights -of -way, if there is insufficient space to accommodate all of the requests to place or maintain such facilities in that area of the public ri ht way, oeoupy or s@ th@ rights of w1ay, for the protection of existing facilities in the public rights -of -way, or for village plans for public improvements which have been determined by the village to be in the public interest and have been included within the village's adopted five-year cqpital improvement plan, to rp event interference with the operations of public safety communications services, or to accommodate traffic safety issues raised by the village, the county, FDOT or any agency with regulatory authority over any right -of -way in the village. (e) All communications facilities and wireless communications facilities shall be installed, leeate -d placed and maintained so as not to unreasonably interfere with the use of the public rights -of -way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights -of -way by preventing or Page 16 of 32 unnecessarily impeding access to private property. The registrant shall be liable for costs and expenses for the displacement, damage or destruction of any irrigation system or landscaping within the public rights -of -way, to the extent not covered by the construction bond. In the event the registrant fails to make the appropriate repairs, to restore such property to as good a condition as existed prior to commencement of work, the affected property owner may file a complaint with the village manager or a designee. In this instance, the registrant shall be given prior written notice of the necessary repairs by the village manager or the designee. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the village may cause the repairs to be made at the facility- owner's expense, utilizing village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. After thirty (30) days, the village may obtain reimbursement from the security fund. The "prior written notice" described in this paragraph shall be considered a final written decision for purposes of the appellate rights outlined in subseetio (p) of this section 29 -8 below. (g _0 The village may issue stieh additional r-tiles and regulations publie rights of way, as may be eensistent with applieable law and not ineonsistent with this ,.hapte„ Above ground communications facilities, including wireless communications facilities, shall be desijzned in such a manner so as to minimize their visual impact. The use of foliage and vegetation around rg_ ound equipment may b� e required by the village based on conditions of the specific area where the ground equipment is to be located. (g) In addition to all other applicable requirements of this chapter, wireless communications facilities shall be subject to the following additional standards: The size and height of wireless communications facility-poles shall be no greater than the size and height of any other communications facility poles located in the same or similar type rights -of -way within the village. Additionally, such facilities shall, under no circumstances, exceed the following maximum height restrictions: a. On arterial roadways, the top of the uppermost antenna array, collocated or attached equipment or new wireless support structure shall not exceed seventy -five ,75, feet in height as measured from rg ade. Page 17 of 32 b. On collector roadways, the top of the uppermost antenna array, collocated or attached equipment or new wireless support structure shall not exceed fifty-five 55) feet in height as measured from rg ade_ C. On residential two -lane neighborhood roadways, the top of the uppermost antenna array, collocated or attached equipment or new wireless support structure shall not exceed forty (40) feet in height as measured from rg ade. Equipment associated with a wireless communications facility that may be attached to an existing structure or a new wireless support structure or located in the public right -of -way at grade, not including associated antennas, electric meter, telecom demarcation box, battery back -up power systems, grounding equipment, or power transfer switch, shall not exceed seventeen (17) cubic feet. fD Each antenna that be associated with the installation of a wireless communications facilities shall not exceed more than three (3) cubic feet in volume. Each antenna that is exposed and not concealed within a concealment enclosure, shall fit within an imaginary enclosure that does not exceed three (3) cubic feet. A wireless communications facility shall not have any type of lighted signal, lights, or illumination unless required by an applicable federal, state or local rule, regulation or the Federal Aviation Administration; provided, however, the village mqy require the installation of an LED street light on a new wireless support structure or an existing structure functioning as s a light pole. Wireless communications facilities shall be located in arterial rights -of -way whenever possible. Placement of wireless communications facilities in rights -of -way other than arterial rights -of -way shall be justified by a engineering analysis from the applicant to the satisfaction of the village engineer prior to the issuance of any permit. Whenever wireless communications facilities must be placed in a right -of -way with residential uses on one or both sides, neither poles, equipment, antennas or other structures shall be placed directly in front of a residential structure. If a right -of -wu has residential structures on only one side, the wireless communications facilities shall be located on the opposite side of the right -of -way whenever possible. All wireless communications facilities shall be located such that views from residential structures are not si im�y impaired. Newly installed poles for wireless communications facilities should be located in areas with existing foliage or other aesthetic features in order to obscure the view of the pole. Page 18 of 32 (h) All safety practices required by applicable law or accepted industry practices and standards shall be used during construction, maintenance, and repair of the teleeommunie ati communications facilities and wireless communications facilities. (i) in the event thM at any time during the term E)f the rights gr- herein the village shall lawfully eleet to l 7 1 any publie rrg�-nto-oi -a�� •,'zcypoirr °vcisvi2a�rc rrot�E�- �tl2�ozrrc` t�t�i�r- cgY,7crcin�in-cm make any at its own rexPEn1e aEEor-d-anee with a pliea le !a Removal or relocation at the direction of the village of a registrant's communications facility or wireless communications facility in public rights -of -way shall be governed by provisions of F.S. §§ 337.403 and 337.404, as they be amended. 0) A facility owner- registrant shall obtain any and all required permits and pay any and all fequ N °,a fens before commencing any construction on or otherwise disturbing any public rights -of -way as a result of its construction, except as provided herein. The f eilit y owner re isg trant shall, at its own expense, restore suoh proper-ty to as good a eondition as existed prior- to commeneeffiefit of work restore the public right -of -way to at least its original condition before such work was performed in the right-of-way' to the village's satisfaction upon inspection. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If the registrant fails to make such restoration is perfei:fnedin a reasonable and aetory mannev within *'"t-(30) ten 10 calendar days after the completion of construction, or such other time as ma, be required by the village, the village may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing village employees, agents or contractors, and charge any and all costs of restoration against the registrant in accordance with F.S. § 337.402, as it maybe amended, and require reimbursement within thirty (30) days after the submission of the bill by the village to the registrant. Alternatively, at the sole discretion of the village the village may seek to recover the expenses, costs and loss from restoring the he rights -of- way against the registrant's construction bond pursuant to section 29 -14. A permit from the village 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. Page 19 of 32 (k) Registrant shall place or maintain a communications facility wireless communications facility in public rights -of -way in compliance with all applicable standards as established by all local, state or federal law and in conformance with the village ordinances, codes and regulations. 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. In the event of a conflict between the provisions of this chapter and article II of chapter 24 of this code, the more restrictive provision shall control, provided, however, that the registrant shall not be required to pay permit fees as elected by the village in accordance with to F.S. § 337.401. M In the interest of the public's health, safety and welfare, upon request of the villas 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 timeframe in the subject public rights -of -way. The village may require a registrant to alter reasonably its placement or maintenance schedule for permitted work occurring within thirty (30) days of the registrant's proposed construction so as to minimize disruptions and disturbance in the public rights -of -way. (m) A registrant shall not place or maintain its communications facilities or wireless communications facilities so as to interfere, displace, damage or destroy any other utilities or facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the village or any other person's facilities lawfully occupying the public rights -of -way of the village. All communications facilities and wireless communications facilities shall be placed and maintained so as not to create interference with the operations of public safety telecommunications services. Ln� The village makes no warranties or representations regarding fitness, suitability or availability public rights -of -way for the registrant's communications facilities or wireless communications 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 article shall affect the village's authority to add, vacate or abandon public rights -of -way and village makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights -of -way for communications facilities. In the event of the vacation or abandonment of a public right -of -way, the village shall, in the exercise of good faith, endeavor to permit the relocation of an existing communications facility _or grant an easement in favor of the registrant to allow continued use of the facility in its existing location. Lo� The village shall have the right to make such inspections of facilities blaced or maintained in public rights- of -wav as it finds necessary to ensure compliance with this article. In the event the village 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 village will provide registrant no less than three (3) days written notice setting forth the violation and requesting correction. Page 20 of 32 (p) The village reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other utilities and facilities, cables or conduit, and to do, and to permit to be done, any ground and overhead installation or improvement that may be deemed necessary or proper by the village in public rights -of -way occupied b the he registrant. Registrant may allow village facilities to be co- located within village'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 registrant and village and maybe subjected to other village rights -of -way requirements. The village further reserves without limitation the right to alter, change, or cause to be changed, the rg ading, installation, relocation or width of the public rights -of -way within the limits of the village and within said limits as same may from time to time be altered. Cc� Subject to applicable law, a registrant shall, on the request of any person holding a permit issued by the village, temporarily support, protect, raise or lower its communications facilities or wireless communications facilities to permit the work authorized by the permit. The expense of such temporary support, protection, 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 thirty (30) days advance written notice to arrange for such temporary relocation. If the village requests the temporary support, protection, raising or lowering, of a facility for a public burbose, the village shall not be charged for the temporary support, protection, raising or lowering of the facility. ® Nothing in this section shall be construed to prohibit or have the effect of prohibiting the nondiscriminatory and competitively neutral use of village rights -of -way by communications service providers and pass - through providers, in violation of state or federal law. The waiver provisions listed in this subsection apply only where a registrant's application for the placement of a Comm mications facility or wireless communications facility in a village right-of- does not meet the criteria for approval as required by this section. A request for a waiver shall include all information described in this subsection and any other reasonable information the village may require and shall be reviewed by the planning commission. The planning commission may deny the request for a waiver if it does not comply with the requirements of this section. The following_ provisions shall govern the issuance of a waiver from the requirements of this section: (1) The planning commission shall consider the following factors in determining whether to grant a waiver for the requirements of this section: Q A detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this section is required in order to allow the registrant /applicant to have nondiscriminatory and competitively neutral use of village rights -of -way_ Page 21 of 32 ii Availability of co- location opportunities; iii Size and height of the proposed facilities; iv Location and separation distances of the proposed facilities; Lv� Location of the nearest residential units or residentially zoned properties; vi Adjacent and nearby topography, tree coverage and foliage; vii Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities; viii Any other factors the village determines to be relevant. (2) In rg anting any waiver, the village may impose conditions to the extent the village concludes such conditions are necessary to minimize any adverse effects of the proposed facility on adjoining properties or to protect the health, safety and welfare of the village and the residents. (m s) A f4eil ty ^w -ner registrant shall cooperate with the village by providing timely and complete information requested under this subparagraph. Upon completion of any installation or construction of new or replacement facilities in public right -of -way, at no cost to the village, the f edit.. owner- registrant shall provide such information, as may be requested, showing the exact location of its facilities and structures, including but not limited to, as -built plans, maps, geographical information systems, plats, construction documents, drawings and any other information the village may find reasonably necessary. Such plans shall be provided in digitized format showing the two - dimensional location of the facilities based on the village's geographical database datums, or other format acceptable to the village manager. All information required by this section shall be maintained in accordance with F.S. § 202.195. See. 29 -7. Suspension or denial of permits. La� Suspension or denial of permits. Subject to subsection (p) 29 -8 below, the village manager or a designee may suspend or deny an application for a permit for work in the public rights -of -way for one (1) or more of the following reasons: (1) Violation of Failure to satisfy permit conditions, including conditions set forth in this chapter or other applicable provisions of the village Code or regulations governing use -of the placement or maintenance of communications facilities or wireless communications facilities in public rights -of -way, including, without limitation, failure to take reasonable safety precautions to alert the public of work at the site or to restore any public rights -of -way; or Page 22 of 32 (2) Misrepresentation or fraud by registrant in a registration or a permit application to the village; or (3) Failure to relocate or remove facilities as may be lawfully required by the village; or (4) Failure to properly renew or ineffectiveness of registration. Faillire of registrant, its employees, agents or subeentmeter-s, in - conneetion with the subjeet permit, to- Immediately after the suspension or denial of permit pursuant to this section, the village shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the village manager suspending a permit or denying an application for a registration is subject to appeal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. Sec. 29 -8. Appeals. (a) Final, written determinations of the village ger or designee suspending or denying a permit, denying an application for registration or denying an application for renewal of registration are subject to an appeal. An appeal must be filed with the village within thirty (30) days of the date of the final, written decisions to be appealed. Any appeal not timely filed as set forth above shall be waived. The village council shall hear the appeal no later than forty -five (45) days from the end of the thirty (30) day appeal period, unless waived by the registrant. Nothing in this chapter shall affect or limit the remedies the village has available under applicable law. Page 23 of 32 US W Immediately after the suspension or denial of permit pursuant to this section, the village shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the village manager suspending a permit or denying an application for a registration is subject to appeal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. Sec. 29 -8. Appeals. (a) Final, written determinations of the village ger or designee suspending or denying a permit, denying an application for registration or denying an application for renewal of registration are subject to an appeal. An appeal must be filed with the village within thirty (30) days of the date of the final, written decisions to be appealed. Any appeal not timely filed as set forth above shall be waived. The village council shall hear the appeal no later than forty -five (45) days from the end of the thirty (30) day appeal period, unless waived by the registrant. Nothing in this chapter shall affect or limit the remedies the village has available under applicable law. Page 23 of 32 Sec. 29 -9. Conditional use of public rights -of -way. La) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non - utility services to existing or potential consumers or resellers, by providing eable seee, -er any other services other than the provision of telecommunications services, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from village for such activities as may be required by applicable law. In the event that a registrant is acting in its proprietary function as a retail provider of telecommunications equipment or appliances, registrant shall seek the appropriate permits and licenses from the village. (r b) To the extent that any person or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights -of -way of the village, the person or registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the village's rights, including requiring the removal of such facilities from the public rights -of -way of the village, regardless of the effect on the person's ability to provide service or on the registrant's ability to lake or maintain its own teleeommunio tions communications facilities or wireless communications facilities in the public rights -of -way of the village. Any person or registrant leasing or otherwise using the facilities of a registrant or other entity authorized to place and maintain facilities in the public rights -of -way, may provide the village with notice of its use of such facilities, describing the location of the facilities used and providing the village with an address to which notices from the village should be sent. In the event the village exercises its lawful authority to require the removal or relocation of any such facilities, under this provision, such person or registrant leasing or otherwise using the facilities of a registrant or other entity authorized to place and maintain facilities in the public rights -of -way, shall receive notice from the village of such removal or relocation of such facilities. The failure of the village to provide notice, under this paragraph, shall not render the village's actions under this paragraph invalid. Sec. 29 -910. Involuntary termination of registration. Lal The involuntary termination of a registration may only be accomplished by an action of the village council. The village may declare the registration terminated and revoke and cancel all privileges granted under that registration if: • A federal or state authority suspends, denies, or revokes a registrant's certification to provide telecommunications service; • The registrant's use of the public right -of -way presents an extraordinary danger to the general public or other users of the right -of -way; or Page 24 of 32 • The registrant abandons all of its facilities, or A pass - through provider fails to comply with the requirements of section 29 -20. (b) Prior to such termination by the village resulting from a violation of any of the provisions of this section, the registrant shall be notified by the village manager with a written notice setting forth all matters pertinent to such violation, and describing the action of the village with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the village council, to accomplish the same. In the event of an emergency, the village may take appropriate action in accordance with section 29 -7(d) �h) of this chapter. In the event of a vote by the village council to terminate, the registrant shall, within a reasonable time following such termination remove or abandon the facilities and take such steps as are necessary to render every portion of the facilities remaining within the public right -of -way of the village safe. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the village may either: • Require the registrant's bonding company to remove some or all of the facilities from the public right -of -way and restore the public right -of -way to its preper condition immediately prior to removal; or • The village may require that some or all of the facilities be removed and the public right -of -way restored to its proper condition immediately prior to removal at the registrant's expense, utilizing village employees, agents or contractors, and charge any and all costs, and require reimbursement. (c) The obligations of the registrant and the bonding company hereunder shall survive, for a period of twenty -four (24) months from, the termination of the registration. In the event of a termination of registration, this provision does not permit the village to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state teleeommunieations agencies and is properly registered with the village, for such certificated service, under this chapter. Sec. 29 -4-911. Compliance with other laws; police power. A facility owner shall at all times be subject to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the village, to the extent not inconsistent with applicable laws. Sec. 29 -4-4-12. Transfer of control; sale or assignment. Page 25 of 32 (a) If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this chapter. Written notice of any transfer, sale or assignment shall be provided to the village within twenty (20) days of the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, the transferee or assignee must comply with the registration requirements under section 29 -4 of this chapter. (b) Notwithstanding anything in this chapter, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the e0fistruetion, operation or r-e placement or maintenance of its teleeommunio tions communications facilities or wireless communications facilities may be made to any person without notice to the village. Any mortgage, pledge, lease or other encumbrance of the teleeemmunie tions facilities shall be subject and subordinate to the rights of the village by virtue of this chapter or other applicable law. Sec. 29 -4313. Insurance; surety; indemnification. (a) A f eilit y owner re istrant shall at all times maintain the following liability insurance coverage insuring the registrant and naming the village, its officers, boards, council, council members, agents and employees as an additional insured: worker's compensation and employer liability insurance to meet all requirements of Florida law, and commercial general liability insurance and business automobile liability insurance with respect to the eonstruetion, placement and maintenance of the *°'°p-A-mm—unieations communications facilities and wireless communications facilities, and the conduct of registrant's business in the village, in the minimum amounts of: (1) T-we One million dollars ($21,000,000.00) combined single limit commercial general liability. Said coverage shall not exclude contractual liability, products /completed operations or independent contractors. One million dollars ($1,000,000.00) combined single limit business automobile liability. (b) All insurance policies shall be with sureties qualified and admitted to do business in the state; shall be with sureties with a minimum rating of A -V in Best's Key Rating Guide, Property /Casualty Edition or higher except as provided in subsection (d) of this section. The village may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by subsection (a) of this section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the village's r-is manager. Page 26 of 32 (c) A registrant shall keep on file with the village certificates of ( insurance which certificates shall indicate that the village, its officers, boards, council, council members, agents and employees are listed as additional insureds. In the event of a potential claim such that the village claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the village for information with respect to the scope of the insurance coverage. (d) The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 -days' prior written notice thereof has been given to the village. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfactory to the village which complies with this chapter. A registrant that elects to self - insure all or a portion of the insurance coverage and limit requirements required by this section is not required, to the extent of such self - insurance, to comply with the requirement for the naming of additional insureds under this section. A registrant that elects to self - insure shall provide to the village evidence sufficient to demonstrate its financial ability to self - insure the insurance coverage and limit requirements required under this section, such as evidence that the registrant is a "private self - insurer" under the Workers Compensation Act. For purposes of this section, "self- insure" shall also include a registrant which insures through a "captive insurer" as defined in F.S. § 628.901. (e) A registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the village, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses sustained by the village, arising out of the placement or event et maintenance or operation of its te4ecommunications system or facilities in the public rights -of -way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the negligence gross negligence or willful or wanton acts of the village. Village agrees to notify the registrant, in writing, within a reasonable time of the village receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the village from participating in the defense of any litigation by its own counsel and at its own cost if in the village's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted: (1) As denying to either party any remedy or defense available to such party under the laws of the State of Florida or as a consent by the village to be sued; and (2) As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as amended. Page 27 of 32 Sec. 294314. Construction bond. (a) Except in the case of an emergency, w-hieh shall limitation an out of serviee nditio aff� eting 911 sefvie&l prior to performing any work in the public rights -of -way, a registrant may shall be required to establish in the village's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights -of -way, in accordance with applicable sections of the village Code. The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the village manager's reasonable discretion, based on the cost of the restoration to take place in the public rights -of -way, and any previous history of the registrant concerning restoration within the public rights -of -way of the village. In no event shall the amount of the construction bond be less than twenty-five percent (25 %) of the cost of the work being permitted. (b) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. (c) Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the village shall eliminate the bond. Notwithstanding, the village may require a new bond for any subsequent work performed in the public right -of -way. (d) The construction bond shall be issued by a surety having a minimum rating of A -1 in Best's Key Rating Guide, Property /Casualty Edition; shall be subject to the approval of the village attorney; and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the village, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (e) The rights reserved by the village with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the village may have under this chapter, or at law or equity. (f) The rights reserved to the village under this section are in addition to all other rights of the village, whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the village may have. Page 28 of 32 Sec. 29 -4-415. Security fund. At the time of the registrant's application, the registrant shall file with the village, for village approval, a cash security, a bond, or irrevocable letter of credit, in the sum of twenty -five thousand dollars ($25,000.00), in a form acceptable to the village attorney. The reputation and economic stability of the company presenting a bond or irrevocable letter of credit must be approved by the village attorney. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this chapter, and to pay any t-aies, fines, fees or liens as ma_y be owed to the village. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuing guarantee of the registrant's full and faithful performance at all times. Should the village draw upon the cash security, bond, or irrevocable letter of credit, the village shall promptly notify the registrant, and the registrant shall promptly restore the cash security, annual bond, or irrevocable letter of credit, to full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this chapter, subject to section 29 -4-5 16 below, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. In lieu of the cash security, bond, or irrevocable letter of credit, required by this section, the village may accept a corporate guarantee of the registrant or its parent company provided that the village attorney approves the reputation and economic stability of the company. The village may from time to time increase the amount of the security fund to reflect the increased risks to the village and to the public. Sec. 29 -4-516. Enforcement remedies. (a) In addition to any other remedies available at law or equity or provided in this chapter, the village may apply any one (1) or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to use of the public rights -of -way: (1) Failure to comply with the provisions of this chapter or other law applicable to users and /or occupants of the public rights -of -way, may result in imposition of penalties to be paid by the registrant to the village in an amount of not less than one two hundred and fifty dollars ($4-00:00 250.00) per day or part thereof that the violation continues. (2) In addition to or instead of any other remedy, the village may seek legal or equitable relief from any court of competent jurisdiction. Page 29 of 32 (b) Before imposing a fine pursuant to this section, the village shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to cure the violation and the village shall make good faith reasonable efforts to assist in resolving the violation. If the violation is not cured within that thirty (30) day period, the village may collect all fines owed, beginning with the first day of the violation, through any means allowed by law, including drawing against the security. (c) In determining which remedy or remedies are appropriate, the village shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the village determines are appropriate to the public interest. (d) Failure of the village to enforce any requirements of this chapter shall not constitute a waiver of the village's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (e) In any proceeding before the village council wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the chapter. The village council may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter. (f) The village manager or his /her designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law. (g) Nothing in this chapter shall affect the remedies the registrant has available under applicable law. Sec. 29- 4.617. Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a facility owners control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. Page 30 of 32 Sec. 29 -18. Reservation of ri ,2hts. (a) The village reserves the right to amend this article as it shall find necessary in the lawful exercise of its police powers. (b) This provisions of this chapter shall be applicable to all communications facilities and wireless communications facilities placed in the public rights -of -way on or after the effective date of the ordinance from which the provisions derive and shall apply to all existing communications facilities and wireless communications facilities placed in the public rights -of -way prior to the effective date of the ordinance, to the full extent permitted by state and federal law, except that any provision of this article regarding size, composition, or location of physical facilities shall not apply to physical facilities lawfully placed within any village right -of -way prior to the effective date of the ordinance from which such provision is derived. Sec. 29 -19. No liability or warranty. Nothing contained in this article shall be construed to make or hold the village responsible or liable for any damage to persons or any _property whatsoever, from any cause whatsoever, arising from the use, operation or condition of the registrant's communications facilities or wireless communications facilities; or by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect. Nor shall the issuance of any permit or the approval or disapproval of any placement or maintenance of the registrant's communications facilities or wireless communications facilities as authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability_ upon, the village or any official, agent or employee thereof. Sec. 29 -20. Pass - through provider fees and charges. (a) Pass - through providers shall pay to the village on an annual basis an amount equal to five hundred dollars ($500.00) per linear mile or portion thereof of communications facilities or wireless communications facilities placed and /or maintained in the village's rights -of -way. For purposes of this section, the village's rights -of -way do not include rights -of -way that extend in or through the village but are state, county or another authority's rights -of -way. (b) The amounts charged pursuant to this section shall be based on the linear miles of rights -of -way where communications facilities or wireless communications facilities are placed, not based on a summation of the lengths of individual cables, conduits, strands or fibers. (c) Any annual amount charged shall be reduced for a prorated portion of any twelve (12) month period during which the pass - through provider remits taxes imposed by the village pursuant to F.S. Ch. 202. Page 31 of 32 (d) Annual payments shall be due and payable on October 1 of each year, Fees not Paid within ten (10) days after the due date shall bear interest at the rate of one (1 ) percent Per month from the date due until paid. The acceptance of any payment required hereunder by the village shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the village may have for additional sums due and payable. All fee payments shall be subject to audit by the village and assessment or refund if any pUment is found to be in error. If such audit results in an assessment by and an additional payment to the village such additional payment shall be subject to interest at the rate of one (1) percent per month until the date payment is made. (e) If the payments required by this section are not made within ninety (90) days after the due date the village manager or designee may withhold the issuance of any permits to the registrant until the amount past due is paid in full. Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. This Ordinance shall take effect immediately upon adoption. pr .A cm ON FIRST READING THIS 12TH DAY OF JANUARY, 2017. PLACED ON SECOND, FINAL READING AND PA (Vil age Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i VILLAGE ATTORNEY Page 32 of 32