20-1545 Amending Chapter 68, Roadway and Utility Construction

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Wriniffar-Am ARTICLE IV. - COMMUNICATIONS RIGHTS-OF-WAY Sec. 68-151. - Title. This Article shall be known and may be cited as the City of Casselberry Communications Rights -of - Way Ordinance. Sec. 68-152. - Intent and purpose. It is the intent of the City of Casselberry to promote the public health, safety and general welfare by: providing for the placement or maintenance of communications facilities in the public rights-of-way within the City of Casselberry; adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including F.S. § 337.401 2019 , as amended, the City of Casselberry's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in the public rights-of-way by all communications services providers; and minimizing disruption to the public rights-of-way. In regulating its public rights-of- way, the City of CasselberryChit shall be governed by and shall comply with all applicable federal and state laws. These regulations are specifically subject to state and federal law limitations. Sec. 68-153. - Definitions. For purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given. Where 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 shall be construed to mean the common and ordinary meaning. Abandonment shall mean the permanent cessation of all uses of a Communications Facility -fer-a provided that this term shall not include 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 "abandonment" of a facility in public rights-of-way. PFOVOG18 SGFVOGe threugh a small wiFeless faGility GGIIGGated OR a Utility pele within n*Pe MeRths after the Antenna shall mean communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services or other communications services. Applicable Codes shall mean a uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual er standards adopted by erd'RaRG8 whiGh may require that a R8W Utility PE)IG FePIaGiRg aR ex!St*Rg Utility Pele be of substantially similar design, mateFial, and GGIE)P, eF that greuRd Meunted equipMeRt FR88t whiGh may require a small wireless faGility tE) PReet Fea69IRable IC)Gat'E)R GeRteXt, GeleF, stealth, and GeRGealmon+ Feq iiromeRtS As -built plans shall mean final and complete drawings in a format as specified by the City, submitted upon completion of a project, signed and sealed by a professional surveyor or mapper as defined in Section 472.005, F.S., that reflect all changes made during the construction process, and show the exact dimensions, geometry and location of all elements of the work completed under the permit. Base station shall mean a structure or equipment at a fixed location that enables Federal Communications Commission (FCC)GG- licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a communication tower as