Except as otherwise specifically provided in this article, all facilities for providing
electrical power, telecommunications, video, cable television, internet, broadband,
and similar services (collectively, as used herein, "utility facilities") located
within the jurisdiction of the town shall be placed underground. Poles, overhead wires,
and associated overhead structures shall not be permitted except as specifically provided
in this article.
All utility facilities required to be placed or installed underground pursuant to
the provisions of this article shall be thus placed or installed, to the extent applicable,
pursuant to applicable rules of the Florida Public Service Commission or pursuant
to applicable tariffs of a public utility, as that term is defined in F.S. § 366.02(1),
where such tariffs are fully subject to the regulatory jurisdiction of the Florida
Public Service Commission over the rates, terms, and conditions of such tariffs.
This article shall apply to all new utility facilities located or desiring to locate
within town or state rights-of-way within the town, as well as in easements or on
private properties. This article shall also apply to any relocation, refurbishment,
upgrading, reconstruction, or restoration of utility facilities already located within
the town, excepting only: (a) ordinary maintenance or repair of existing facilities,
and (b) restoration of service under emergency conditions, e.g., following a hurricane
or similar natural event that damages overhead utility facilities. Any work for which
a permit is sought involving the replacement of more than one pole or more than one
span of wire, conductor, fiber optic cable, telecommunications wire, or the like shall
be considered to be reconstruction and shall be made with underground facilities.
Any upgrading of the capacity, capability, or technology of overhead facilities is
expressly subject to the mandatory undergrounding provisions of this article.
