20-1545 Amending Chapter 68, Roadway and Utility Construction

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EXHIBIT "A" Temporary facility shall mean any structure that can be readily and completely dismantled or removed from the site when the authorized use terminates. Transportation facility means any means for the transportation of people or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. Public way or or Riahts-of-way shall not include: (1) County. State, or federal rights-of-way unless those rights-of- way are within the unincorporated boundaries of the City over which the County. State or federal government has jurisdiction and authority under the Florida Transportation Code, Chapter 4 Florida Statutes, as amended, and where the County or State or both have delegated to the City the authority to regulate the registration permitting placement installation and maintenance of Communications Facilities: (2) platted utility easements that are not part of a _dedicated public right-of-way: (3) property owned by any Person other than the City: (4) service entrances or driveways leading from the road or street onto adjacent property: or (5) any real or personal City property except as described above and shall not include City buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-way. Utility Pole shall mean a pole or other similar structure that is used in whole or part to provide communication services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the City grants a waiver for the pole. The term does not include a Slfy utility pole owned by the City., __ ;+ . This definition does not include electric transmission poles. For purposes of these regulations, utility poles shall be classified as the following types: (1) Existing utility pole. A utility pole within the rights-of-way that exists at the time an application to place attachments on that utility pole, such as a communications facility. is filed with the City. (2) New utility pole. A utility pole that does not exist within the rights-of-way at the time an application to place a communications facility on that utility pole is filed with the city is proposed to be installed to support the proposed communications facilityand is not a replacement utility pole. (3) Replacement utility pole. An existing utility pole that has been renovated, reconfigured. or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of communications facilities that is approximately in the same location and serving the same function(s) as the existing structure and in such a manner that does not result in a net increase in the number of utility poles located within the public rights-of-way, does not interfere with pedestrian or vehicular access and complies with applicable codes. The replacement utility pole remains the property of the owner of the existing structure prior to the repurposing, unless ownership otherwise lawfully changes. Wireless communication facility or Wireless Communication Facilities shall mean any equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial, or fiber-optic cable or other cables. regular and backup power supplies. and comparable equipment, regardless of technological configuration. and equipment associated with wireless communications. The term includes small wireless facilities The term does not include: (a) the structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated: (b) wireline backhaul facilities: or (c) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adiacent to or directly associated with a particular antenn Gables feed lin ons ipMeR+ a