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HomeMy WebLinkAboutOrdinance 88.04 Amending Ordinance 87.12 relating to fiber optic cablesORDINANCE NUMBER 88.04 AN ORDINANCE AMENDING ORDINANCE NUMBER 87.12 TO ALLOW FOR WAIVERS FOR CERTAIN REQUIREMENTS FOR THE INSTALLATION OF FIBER OPTIC CABLES AND LINES WHEREAS, the Town of Marana has adopted an Ordinance to provide for specifications for the installation of fiber optic cables and lines and encasement thereof; and WHEREAS, the Town Council is concerned with the public safety of the residents of the Town of Marana and related liability costs as they relate to the installation of fiber optic cables which are installed with the corporate limits of the Town of Marana, whether installed in Town Rights-of-Way or in private Rights-of-Way; and WHEREAS, the Town Council is mindful of certain instances when certain installation requirements for fiber optic cable are either not necessary or cost prohibitive given the likelihood of non-development of certain areas. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Marana, Arizona that the Town Development Code be amended and Ordinance number 87.12 be amended as follows: Paragraph C is amended to read: C. New conduit installations designated for fiber optic cables or lines shall be encased in a minimum of six inches of concrete on all sides of the conduit or conduits. New installations shall have a minimum of four feet of cover on the top of the concrete encasement. A magnetic warning tape or some comparable locating system shall be placed two feet above the encasement, which shall include a written message indicating the presence of fiber optics in the conduit system below. These requirements shall apply to all future conduit systems installed, even if they are initially intended to carry standard copper wire cables. Sections to be added: K. The requirement for installing one extra conduit for future expansion as set forth in Section B and the encasement requirements as set forth in Sections C and D may be waived by the Planning and Zoning Administrator for installation of fiber optic cables and lines in those areas where future construction is neither contemplated nor foreseen as indicated on the Town's General Plan or on any proposed or adopted master plans or specific plans. L. The issuance of a waiver or the failure to issue a waiver by the Planning and Zoning Administrator may be appealed pursuant to the provisions of Section 09.06 of this Code. WHEREAS, the immediate operation of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Marana, Arizona, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage, adoption and approval by the Town Council of the Town of Marana. PASSEDAND ADOPTED by the Town Council of the Town of Marana, Arizona this 16th day of February, 1988. ATTEST: MAYOR ~// TOWN CL~ ~ APPROVED AS TO FORM: REVIEWED BY: