Lauderhill |
Code of Ordinances |
Chapter 12. BUSINESS REGULATIONS |
Article IX. TELECOMMUNICATIONS |
Division 4. WIRELESS SYSTEMS |
§ 12-175. Use of streets and pole attachments.
(a)
Before commencing construction of its wireless communications system in, above, over, under, across, through, or in any way connected with the streets, public ways or public places of the city, the permittee shall first obtain the written approval of, and any other necessary permits from, all appropriate city agencies. Applications for such approval shall be made in the form prescribed by the city engineer.
(b)
Upon obtaining such written approval, the permittee shall give the city engineer written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables.
(c)
Any person who submits a request for a permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed wireless communications system, which agreements shall become effective on the date of execution of the permit issued in accordance herewith, in the event that such person is issued a permit. In the event that permission to use existing poles or conduits cannot be obtained, the permittee shall submit documentation to support the unavailability of existing poles and a detailed plan for construction insuring protection for existing facilities. Such plans shall include detailed drawings of the location and manufacturer's specifications for the cell site equipment.
(d)
It shall be unlawful for the permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place, for any purpose whatsoever, without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b). Violation of this section shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the city.
(e)
The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets and sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by, or on account of, its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury, or pay the fair market value to such property to its owner, or shall make such other repairs or restorations as outlined in the approved permit.
(f)
The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the city because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, city-owned power or signal lines, tracts; vacation or relocation of streets, or any other type of structure or improvement of a public agency; or any type of improvement necessary for the public health, safety or welfare; or upon termination or expiration of the permit.
(g)
Nothing in this division or any permit issued in accordance herewith shall be construed as authorizing the permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for the permittee's cable. The permittee shall obtain written approval from the engineering department and other appropriate city agencies before erecting any new poles or cell site support structures.
(h)
The permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. The permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsibility as shall comply with all rules and regulations issued by the city engineer governing the construction and installation of wireless communications systems.
(i)
The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the city, and shall furnish, as soon as they are available, two (2) complete copies of such maps and records, including as-built drawings, to the city engineer.
(Ord. No. 11O-06-126, § 1, 6-27-11)