§ 4-50. Placement or Maintenance of a Communications Facility in Public Rights-of-Way

(A)

A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and the City of Tavares ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way.

(B)

A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits have been issued by the City of Tavares or other appropriate authority, except in the case of an emergency. 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 City of Tavares of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City of Tavares may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit.

(C)

As part of any permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way, the Registrant shall provide the following:

(1)

The location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Rights-of-Way shall be provided in paper and electronic format as shall be defined by City staff;

(2)

A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques);

(3)

A maintenance of traffic plan for any disruption of the Public Rights-of-Way;

(4)

Information on the ability of the Public Rights-of-Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other Persons);

(5)

If appropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way;

(6)

The timetable for construction of the project or each phase thereof, and the areas of the City of Tavares which will be affected; and

(7)

Such additional information as the City of Tavares finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application.

(D)

To the extent not otherwise prohibited by State or Federal law, the City of Tavares shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of Way. City staff shall consider such factors as proximity and conflict with driveways, sidewalks, landscaping and utilities; and conflicts with buildings or other structures. City staff may recommend alternative designs, including landscaping, or locations in order to provide for improved visibility or aesthetic compatibility with surrounding land uses.

(E)

All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights-of-Way by the public and with the rights and convenience of property owners who adjoin any of the Public Rights-of-Way. The use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible.

(F)

All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities.

(G)

After the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights-of-Way to its original condition before such work. If the Registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City of Tavares may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of these Regulations at its own expense.

(H)

Removal or relocation at the direction of the City of Tavares of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended.

(I)

A permit from the City of Tavares constitutes authorization to undertake only certain activities in Public Rights-of-Way in accordance with these Regulations, 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.

(J)

A Registrant shall maintain its Communications Facility in Public Rights-of-Way in a manner consistent with accepted industry practice and applicable law.

(K)

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 Chapter 556, Florida Statutes (2000), as it may be amended.

(L)

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.

(M)

Upon request of the City of Tavares, and as notified by the City of Tavares of the other work, construction, installation or repairs referenced below, a Registrant may be required to 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, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way.

(N)

A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City of Tavares or any other Person's facilities lawfully occupying the Public Rights-of-Way of the City of Tavares.

(O)

City of Tavares makes no warranties or representations regarding the fitness, suitability, or availability of City of Tavares' Public Rights-of-Way for the Registrant's Communications Facilities and any performance of work, costs incurred or services provided by Registrant shall be at Registrant's sole risk. Nothing in these Regulations shall affect the City of Tavares' authority to add, vacate or abandon Public Rights-of-Way, and City of Tavares makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities.

(P)

The City of Tavares shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary to ensure compliance with these Regulations.

(Q)

A permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format and an electronic format specified by the City of Tavares, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the City of Tavares.

(R)

The City of Tavares reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City of Tavares in Public Rights-of-Way occupied by the Registrant. The City of Tavares further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights-of-Way within the limits of the City of Tavares and within said limits as same may from time to time be altered.

(S)

A Registrant shall, on the request of any Person holding a permit issued by the City of Tavares, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary 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.

(T)

A wireless facility that is a portion of a Communication Facility, such as an antenna ("Wireless Facility(ies)"), which is attached to a legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or utility pole ("Vertical Structure(s)"), shall be subject to the following criteria:

(1)

Such Wireless Facilities may not extend more than 10 feet above the highest point of the Vertical Structure and the top of the wireless facility shall not be higher than 30 feet;

(2)

Such Wireless Facilities that are attached to a Vertical Structure located in Public Rights-of-Way and which are located adjacent to real property used as a single family residence shall be flush mounted to the Vertical Structure and shall not extend higher than the Vertical Structure;

(3)

Such Wireless Facilities shall not have any type of lighted signal, lights, or illuminations;

(4)

Such Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards;

(5)

The design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes;

(6)

No commercial advertising shall be allowed on such Wireless Facilities; and

(7)

Any accessory equipment and related housing in the Public Rights-of-Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment.

(8)

Use of Wireless Facilities is prohibited within 500 feet of historic structures and in Public Right-of-Ways that are subject solely to underground utilities.