HomeMy WebLinkAbout20-001IOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4664810 01/21/2020 04:02:28 PM
DR BOOK 4372 PAGE 791 - 855 Doc Type: ORDN
RECORDING: $554.00
ORDINANCE NO. 20-001
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING CHAPTER 44,
ARTICLE I, SECTIONS 44-1 — 44-18, KNOWN AS THE "ST. LUCIE COUNTY
COMMUNICATIONS RIGHTS -OF -WAY ORDINANCE"; PROVIDING INTENT
AND PURPOSE, APPLICABILITY AND AUTHORITY TO IMPLEMENT;
PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING
OR MAINTAINING COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS -
OF -WAY; PROVIDING REQUIREMENT OF A PERMIT; PROVIDING
APPLICATION REQUIREMENTS AND REVIEW PROCEDURES; PROVIDING
FOR BONDS; PROVIDING FOR CONSTRUCTION METHODS; PROVIDING
DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS; PROVIDING FOR
FEES AND TAXES; PROVIDING ENFORCEMENT REMEDIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners is authorized to adopt ordinances necessary for the exercise of its powers; and
WHEREAS, the Board of County Commissioners ("Board") has adopted the St. Lucie
County Comprehensive Plan within which are included goals, objectives, and policies related to
zoning and land development; and
WHEREAS, Chapter 163, Part II, Florida Statutes, requires the implementation of these
goals, objectives and policies through the adoption of consistent Land Development Regulations;
and
WHEREAS, governmental rights -of -way have traditionally been utilized for, among other
uses, the placement of public and private utility systems and structures so as to facilitate the
delivery of utility services and maintenance of utility systems; and
WHEREAS, the Board of County Commissioners has determined that the following
amendments promote and protect the general health, safety and welfare of the residents of the
County by regulating the siting of communications facilities and utility poles for collocation of
communications facilities within the public rights -of -way; and,
WHEREAS, this Ordinance seeks to address expressly new communications facilities and
technologies, while also protecting, preserving, and maintaining the public safety and aesthetic
characters of areas where such public rights -of -way exist; and,
WHEREAS, Section 337.401, Florida Statutes, addresses inter alia, the authority of local
governments to regulate the placement and maintenance of communications facilities in the
public rights -of -way; and,
WHEREAS, rules and regulations imposed by a local government relating to
communications service providers that desire to place or maintain communications facilities in
its rights -of -way must be generally nondiscriminatory and competitively neutral; and,
WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local government may
not use its authority over the placement of facilities in its rights -of -way as a basis for asserting or
exercising regulatory control over a provider of communications services regarding matters
within the exclusive jurisdiction of the Florida Public Service Commission or Federal
Communications Commission, including, but not limited to, the operations, systems,
qualifications, services, service quality, service territory, and prices of a provider of
communications services; and,
WHEREAS, Florida adopted the Advanced Wireless Infrastructure Deployment Act,
codified in Subsection 337.401(7), Florida Statutes (the "Small Cell Statute"), which became
effective July 1, 2017; and
WHEREAS, the Board of County Commissioners adopted Ordinance No. 2018-002 on May
15, 2018, to implement the Small Cell Statute; and
WHEREAS, in 2019, the Florida Legislature enacted and the Governor approved
CS/CS/CS/SB 1000 ("SB 1000"), amending Section 337.401, Florida Statutes, including portions of
the Small Cell Statute; and
WHEREAS, it is the Board's intent to exercise its authority over the placement and
maintenance of communications facilities in its rights -of -way to the fullest extent consistent with
applicable state and federal law; and
WHEREAS, the Board finds that it is in the public interest to amend the County Code of
Ordinances consistent with SB 1000; and
WHEREAS, the County's rights -of -way are essential for the travel of persons and the
transport of goods throughout the County and are a unique and physically limited resource
requiring proper management by the County in order to ensure public safety, maximize
efficiency, minimize costs to County taxpayers for the foregoing uses, reasonably balance the
potential inconvenience to and negative effects upon the public from the placement and
maintenance of communications facilities in the rights -of -way against the substantial benefits
that accrue from such placement and maintenance, and promote the public health, safety and
general welfare; and
WHEREAS, the Board has determined that the following amendments promote and
protect the general health, safety and welfare of the residents of the County by regulating the
siting of communications facilities and utility poles for collocation of communications facilities
within the public rights -of -way; and,
WHEREAS, a duly noticed public hearing as required by law was held by the Board of
County Commissioners, at which public hearing all residents and interested persons were given
an opportunity to be heard; and
WHEREAS, the County provided advance notice of this hearing to the Florida Secretary of
State consistent with Section 337.401(3)(d), Florida Statutes; and
WHEREAS, the Board has reviewed the regulations set forth in this Ordinance and has
determined that such regulations are consistent with the County's plans.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida as follows:
PART A. RECITALS ADOPTED.
Each of the recitals set forth above is hereby adopted and confirmed.
PART B. Chapter 44, Article I, Sections 44-1 through 44-18 of the Code of Ordinances are
hereby amended as follows':
Sec. 44-1. This article shall be known and may be cited as the "St. Lucie County
Communications Rights -of -Way Ordinance."
Sec. 44-2. Intent and purpose; Applicability; Authority to Implement.
(a) It is the intent of the County to promote the public health, safety and general
welfare by: providing for the placement and maintenance of communications
facilities in the public rights -of -way within the County; adopting and administering
reasonable rules and regulations not inconsistent with state and federal law,
including the United States and Florida Constitutions, F.S. § 337.401, as it may be
amended, the County's home -rule authority, and in accordance with the
provisions of the Federal Telecommunications Act of 1996, the Spectrum Act, FCC
regulations, and other federal and state law; establishing reasonable rules and
regulations necessary to manage the placement and maintenance of
communications facilities in the public rights -of -way by all communications
services providers after the effective date of this Ordinance; and minimizing
disruption to the public rights -of -way. In regulating its public rights -of -way, the
County shall be governed by and shall comply with all applicable federal and state
laws.
(b) Applicability.
1. Persons seeking to place or maintain communications facilities on private
property shall comply with the applicable provisions of the County Land
' Language to be deleted is indicated by a strikethrough; language to be added is indicated by underline.
Development Code, to the extent it applies, unless such property is
addressed expressly in this Ordinance. This Ordinance is not applicable to
communication facilities outside the public rights -of -way, unless
addressed expressly herein. Pursuant to this Ordinance, a person may be
authorized to place or to maintain communication facilities, including but
not limited to, small wireless facilities, micro wireless facilities, a-R4 utility
poles for collocation of small wireless facilities, fiber, coaxial cable, and
backhaul facilities in the public rights -of -way. This Ordinance shall apply to
all facilities for communications services placed or maintained in the
Countys4y public rights -of -way pursuant to Section 337.401, F.S., including
but not limited to, any person holding a certificate of franchise authority
pursuant to Section 610.103, Florida Statutes, communications services
providers, pass -through providers, and wireless providers. Rules or
regulations imposed by the County relating to providers of
communications services placing or maintaining communications facilities
in its roads or rights -of -way shall be generally applicable to all providers of
communications services, to the extent federal or Florida law does not
require different treatment. Florida law requires that the County's rules
and regulations take into account the distinct engineering, construction,
operation, maintenance, public works, and safety requirements of the
provider's facilities. Accordingly, in the exercise of the County's authority,
as required by Florida law, this Ordinance provides different regulations
applicable to various communications facilities. Wireless support
structures, telecommunications towers and other wireless facilities,
including but not limited to an antenna that is not part of a small wireless
facility or micro wireless facility, shall not be allowed to be placed or
maintained in the public rights -of -way, to the extent not inconsistent with
applicable law. This Ordinance shall not apply to wireless facilities owned
by the County or to a person, including the electric cooperative, to the
extent such facilities are utilized solely on an internal, non-commercial
basis by said person.
2. This Ordinance implements Section 337.401, Florida Statutes, as
amended, including the Advanced Wireless Infrastructure Deployment
Act, Section 337.401(7), F.S. In the event the —A Bed- `^�ele»
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or overturned by a court of competent jurisdiction, or preempted by
applicable federal law, in whole or in part, provisions of this Ordinance
may no longer apply, in which case pending and future applications for
small wireless facilities, communications facilities or utility poles intended
to support the collocation of small wireless facilities in the public rights -of -
way, will be governed by applicable law. In addition, permits issued
pursuant to this Ordinance may be suspended or revoked, and facilities
installed pursuant to permits issued pursuant to this Ordinance or without
permits as authorized by this Ordinance may be required to be removed
at the facility owner's expense, to the extent consistent with applicable
law.
3. To the extent any provision of this Ordinance conflicts with the County
Code or Land Development Code, this Ordinance shall control.
4. Reservation of rights.
a. The County reserves the right to amend this Ordinance as it shall
find necessary in the lawful exercise of its police powers.
b. This Ordinance shall be applicable to all communications facilities
placed in the public rights -of -way on or after the effective date of
this Ordinance, and shall apply to all applications or requests
pending at the time of the effective date of this Ordinance to place
or maintain communications facilities in the public rights -of -way,
and to existing communications facilities placed in the public rights -
of -way prior to the effective date of this Ordinance, to the full
extent permitted by state and federal law. A person with
communications facilities in the public rights -of -way pursuant to a
valid permit issued by the County shall comply with this Ordinance,
including but not limited to, the registration requirements, by the
earlier of the following: ninety (90) days from the effective date of
this Ordinance or prior to submitting an application for a permit.
This provision shall not require removal or modification of
communications facilities placed or maintained in the public rights -
of -way pursuant to a previously issued permit prior to the effective
date of this Ordinance unless such facilities are abandoned or
otherwise required to be altered or removed in a manner that
requires a permit, or pursuant to enforcement of this Ordinance or
applicable law.
C. This Ordinance does not apply to electric utility poles for an electric
distribution system located within the County public rights -of -way
pursuant to a valid franchise agreement with the County.
However, collocation of small wireless facilities on such electric
utility poles and any other utility poles not used for electric
distribution pursuant to a franchise that may be placed or
maintained in the public rights -of -way will be governed by the
applicable provisions of this Ordinance. Ordinances approving a
franchise agreement and applying to an electric utility shall remain
in full force and effect, as they may be amended, notwithstanding
any provision of this Ordinance.
d. Savings. All fees, charges and financial obligations previously
accrued pursuant to any ordinances and resolutions repealed or no
longer effective pursuant to this Ordinance, shall continue to be
due and owing until paid. Reservation of rights. The County
reserves the right to manage the public rights -of -way and to amend
this Ordinance as it shall find necessary in the lawful exercise of its
police powers as expressly authorized in Section 337.401(3)(b),
Florida Statutes, and the Florida Constitution. The County's police
powers include, but are not limited to, the power to issue orders
and to establish laws and regulations for the preservation of public
order and tranquility, the promotion of public health, safety and
general welfare and to define and to proscribe public nuisances.
(c) Authority to implement Ordinance. The County Administrator is authorized to
adopt, to modify, and to repeal rules and regulations to carry out the intent and
purposes of this Ordinance.
Sec. 44-3. Definitions. For the purposes of this Ordinance, the following terms,
phrases, words and derivations shall have the meanings given. Where not inconsistent with the
context, words used in the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include the plural number. The
words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined
in this Ordinance or in any permit that may be granted pursuant to this Ordinance shall be given
the meaning set forth in the Communications Act of 1934, 47 U.S.C. §151 et seq., as amended
and FCC orders adopted thereto (collectively the "Communications Act"), and if not defined in
the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes,
as defined in the County Code, and if not defined in the County Code, shall be construed to mean
the common and ordinary meaning.
ABANDONMENT or ABANDONED. The cessation of all uses of a communications facility for a
period of ninety (90) or more consecutive days provided this term shall not include the cessation
of all use of a communications facility within a physical structure where the physical structure
continues to be used for some purpose or use accessory to the communications facility. By way
of example, cessation of all use of a cable within a conduit, where the conduit continues to be
used for some purpose or use accessory to the communications facility, shall not be
Abandonment of a communications facility. A wireless infrastructure provider's failure to have
a wireless service provider provide service through a small wireless facility collocated on a utility
pole within nine (9) months after the application is approved in accordance with Section
337.401(7)(j), F.S., shall constitute abandonment. The terms Abandonment or Abandoned are
not intended to include a dropped line from a potential or existing customer in the event the
communications services provider, communications facility provider, or pass -through provider
reasonably anticipates future use of the dropped line.
ABUT. When used in conjunction with a lot or parcel of land or public right-of-way, means a lot
or parcel of land or public right-of-way that shares all or a part of a common lot line or boundary
line with another lot or parcel of land or public right-of-way.
ADJACENT PROPERTIES or PROPERTIES ADJACENT. (i) Those lots or parcels of land that abut
another lot or parcel of land or public right-of-way that is contiguous to a communications facility
site or proposed site and (ii) the lots or parcels of land or public right-of-way that would be
contiguous to lots or parcels or public rights -of -way but for an intervening local or collector
roadway.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio
frequency signals used in providing wireless services.
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by
a recognized national code organization or local amendments to those codes enacted solely to
address threats of destruction of property or injury to persons, including expressly the latest
editions of the Florida Building Code, Florida Greenbook, National Electrical Code, National
Electrical Safety Code, 20107 Edition of the Florida Department of Transportation Utility
Accommodation Manual UTDOT UAM"), and as applicable, Federal Highway Administration
Manual on Uniform Traffic Control Devices; American Association of State Highway and
Transportation Officials (AASHTO) Roadside Design Guide; AASHTO A Policy on Geometric Design
of Highways and Streets; FDOT Standard Specifications for Road and Bridge Construction; FDOT
Design Standards; FDOT Design Manual; the "Safety Rules for the Installation and Maintenance
of Electrical Supply and Communication Lines" established by the Department of Commerce,
Bureau of Standards of the United States, as may be amended, County Rights -of- Way Standards
and Specifications; and County codes or ordinances consistent with the FDOT UAMadepted te
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APPLICANT. A wireless provider who submits an application f9F a—peRm.;t to le-eate a
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APPLICATION. A request submitted by an applicant to the County for a permit to collocate small
wireless facilities or to place a new utility pole used to support a small wireless facilityer—te
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AS -BUILT PLANS. A set of final and complete drawings in a format as specified by the County
submitted upon completion of a project, signed and sealed by professional surveyor or mapper
as defined in Section 472.005, F.S., that reflect all changes made during the construction process,
and show the exact dimensions, geometry and location of all elements of the work completed
under the permit.
AUTHORITY. The County, to the extent it has jurisdiction and control of the rights -of -way of any
public road. The term does not include the Department of Transportation rights -of -way under
the jurisdiction and control of the department, which are excluded from this Ordinance.
AUTHORITY or COUNTY UTILITY POLE. A utility pole owned by the County in the public right-of-
way. The term does not include a utility pole owned by a municipal electric utility, a utility pole
used to support municipally owned or operated electric distribution facilities, or a utility pole
located in the right-of-way within:
(a) A retirement community that:
(i) Is deed restricted as housing for older persons as defined in Section
760.29(4)(b), Florida Statutes.
(ii) Has more than 5,000 residents; and
(iii) Has underground utilities for electric transmission or distribution.
BACKHAUL FACILITIES. A phvsical transmission path, all or part of which is within the public
rights -of -way controlled by the County or any government entity, used for the transport of
communications data by wire or fiber from a wireless facility to a network. A Backhaul Facility
may also consist of an antenna, including a microwave antenna, installed in the public rights-of-
wav pursuant to a permit. used for the transport of communications data wirelessly from a
wireless facility to a network.
BELOW -GRADE COMMUNICATIONS FACILITY. A communications facility, including manholes or
access points, that are entirely contained below grade within the public rights -of -way.
CLEAR ZONE. The roadside border area, starting at the edge of the traveled way, available for
safe use by errant vehicles. This area may consist of a shoulder, recoverable slope, non-
recoverable slope, clear runout area, roadway classification, or combination thereof. The width
of the clear zone is dependent upon the traffic volumes and speeds, and on the roadside
geometry.
COLLOCATION OR COLLOCATE. To install, mount, maintain, modify, operate, or replace one or
more wireless facilities on, under, within, or adjacent to a wireless support structure or utility
pole. The term does not include the installation of a new utility pole or wireless support structure
in the public rights -of -way.
COMMUNICATIONS FACILITY or FACILITY or SYSTEM. Any permanent or temporary plant,
equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics,
poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface
location markers, appurtenances, wireless facilities, wireless support structure, wireline backhaul
facilities, small wireless facilities, micro wireless facility, and other equipment or pathway placed
or maintained or to be placed or maintained in the public rights -of -way of the County and used
or capable of being used to transmit, convey, route, receive, distribute, provide or offer
communications services. A utility pole intended for collocation of a small wireless facility shall
be considered a facility for purposes of this Ordinance.
COMMUNICATIONS SERVICES. The transmission, conveyance or routing of voice, data, audio,
video, or any other information or signals to a point, or between or among points, by or through
any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in
existence or hereafter devised, including wireless services, regardless of the protocol used for
such transmission or conveyance, and shall also include cable service and video service as defined
in F.S. §§610.103(1) and (11).
COMMUNICATIONS SERVICES PROVIDER. Any person making available or providing
communications services through the placement or maintenance of a communications facility in
public rights -of -way, or a wireless infrastructure provider.
COMMUNICATIONS SERVICES TAX. The local communications services tax authorized to be
levied and collected by counties and municipalities upon communication service providers for
communications services, pursuant to Section 202.19, F.S. as amended.
CONSOLIDATED PERMIT APPLICATION. A single permit application that would otherwise require
individual permit applications for the collocation of between two (2) and thirty (30) small wireless
facilities to existing structures within the public rights -of -way.
COUNTY. St. Lucie County, Florida, in its present form or in any later reorganized, consolidated,
or enlarged form.
COUNTY ADMINISTRATOR. The County Administrator or his/her designee.
COUNTYENGINEER. The County Engineer or his/her designee.
EXCAVATE or EXCAVATION. Any manmade cut, cavity, trench, or depression in the earth's
surface, formed by removal of earth, intended to change the grade or level of land, or intended
to penetrate or disturb the surface of the earth, including land beneath the waters of the state,
as defined in Section 373.019(22), Florida Statutes, and the term includes pipe bursting and
directional drilling or boring from one point to another point beneath the surface of the earth,
or other trenchless technologies.
EXTENSION OF EXISTING FACILITIES or EXTENSION. Those extensions from the public rights -of -
way into a customer's private property for purposes of placing a service drop or those extensions
from the public rights -of -way into a utility easement to provide service to a discreet identifiable
customer or group of customers. An extension of fiber or cable to serve a property with multiple
customers, for example, a commercial building with multiple tenants, shall not constitute an
extension of existing facilities unless all tenants are served by the owner of the facilities under
one agreement.
FCC. The Federal Communications Commission.
FDOT. The Florida Department of Transportation.
FLORIDA BUILDING CODE. The Florida Building Code promulgated under Chapter 553, Florida
Statutes and includes the applicable amendments thereto as both may be amended from time
to time.
FLORIDA GREENBOOK. The latest edition of the Florida Department of Transportation Manual
of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and
Highways.
FORCE MAJEURE EVENT. A cause or event not within a person's control that shall include,
without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other
natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and
restraints imposed by order of a governmental agency or court. Causes or events within a
person's control, and thus not constituting a force majeure event for purposes of this Ordinance,
shall include, without limitation, the financial inability to perform or comply, economic hardship,
and misfeasance, malfeasance or nonfeasance by any of a person's directors, officers,
employees, contractors or agents.
GRAFFITI. Any inscriptions, word, figure, painting or other defacement that is written, marked,
etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any
communications facility whether or not authorized by the registrant of the communications
facility. A wrap shall not be considered graffiti.
HISTORIC PROPERTY. Any prehistoric or historic district, site, building, object or other real or
personal property, of historical, architectural or archaeological value. These properties or
resources may include, but are not limited to, monuments, memorials, Indian habitations,
ceremonial sites, abandoned settlements, engineering works, treasure troves, artifacts, or other
objects with intrinsic historical or archaeological value, or any part thereof, relating to the history,
government, or culture of the County.
HOMEOWNERS" ASSOCIATION. An incorporated association whose members consist of owners
of single family homes or condominium units that manage or control property owned by the
association.
IN PUBLIC RIGHTS -OF -WAY or IN THE PUBLIC RIGHTS -OF -WAY. In, on, over, under or across the
public rights -of -way.
LICENSED ENGINEER. A Florida Registered Professional Engineer, or a person who is exempt from
such registration requirements as provided in F.S. § 471.003.
LOT. A designated parcel of land established by plat, subdivision, or as otherwise permitted by
law, to be used, developed, or built upon as a unit.
MICRO WIRELESS FACILITY. A small wireless facility having dimensions no larger than 24 inches
in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer
than 11 inches.
ORDINANCE or SECTION. This Ordinance or Chapter 44, Article I, Sections 44-1 through 44-18 of
the Code of Ordinances.
PARCEL. Any piece of real property that has a single parcel identification number assigned to it
by the St. Lucie County Property Appraiser.
PASS -THROUGH PROVIDER. As defined in Section 337.401(6)(a)1, Florida Statutes, aAny person
who places or maintains a communications facility in the public rights -of -way and who does not
remit taxes imposed by the County pursuant to Chapter 202, F.S., as amended. A pass -through
provider can also be a wireless infrastructure provider as defined herein, and/or an owner of a
communications facility pursuant to this Ordinance.
PERMIT. The public right-of-way permit that must be obtained before a person may construct in
the public right-of-way and shall include, but not be limited to, right-of-way engineering and
construction permits issued by the County.
PERSON. Shall include any individual, children, firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any
kind, successor, assignee, transferee, personal representative, and all other groups or
combinations, but shall not include the County.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING. To
erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or
relocate. A communications services provider that owns or exercises physical control over
communications facilities in public rights -of -way, such as the physical control to maintain and
repair, is PLACING OR MAINTAINING the facilities. To the extent required by applicable law, a
party providing service only through resale or only through use of a third party's unbundled
network elements is not PLACING OR MAINTAINING the communications facilities through
which such service is provided. The transmission and receipt of radio frequency signals through
the airspace of the public rights -of -way is not PLACING OR MAINTAINING facilities in the public
rights -of -way.
PSC. The Florida Public Service Commission.
PUBLIC RIGHTS -OF -WAY. A public right-of-way, public easement, highway, street, bridge, tunnel,
waterway, dock, wharf, court, lane, path, or alley, or any other way for which the County is the
authority that has jurisdiction and control and may lawfully grant access to such property
pursuant to applicable law, and includes the surface, the air space over the surface and the area
below the surface. PUBLIC RIGHTS -OF -WAY shall not include private property. PUBLIC RIGHTS -
OF -WAY shall not include any real or personal County property except as described above, and
shall not include County parks, buildings, fixtures, poles, conduits, facilities or other structures or
improvements, regardless of whether they are situated in the PUBLIC RIGHTS -OF -WAY.
REGISTRANT or FACILITY OWNER. A communications services provider or other person that has
registered with the County in accordance with the provisions of this Ordinance.
REGISTRATION or REGISTER. The process described in this Ordinance whereby a
communications services provider provides certain information to the County.
REQUESTER. A person who submits a request pursuant to this Ordinance.
REQUEST. Any request other than an Application submitted by a person, associated with the
placement or maintenance of a communications facility other than the collocation of a small
wireless facility or utility pole for the collocation of a small wireless facility in the public rights -of -
way. A Request includes, but shall not be limited to, a request for approval of a registration, a
request to place or maintain a communications facility other than the collocation of a small
wireless facility or utility pole for the collocation of a small wireless facility in the public rights -of -
way and includes for example, but is not limited to, a permit to construct cable, fiber, conduit,
backhaul facilities, pedestals, or a support structure that does not constitute a utility pole for the
collocation of a small wireless facility in the public rights -of -way.
SHROUD. A covering or enclosure of equipment associated with a small wireless facility, other
than the antenna, collocated on an existing structure or utility pole.
SIGNAGE. Any display of characters, ornamentation, letters or other display such as, but not
limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as
an advertisement, announcement, or to indicate directions, including the structure or frame used
in the display. The term Signage shall not include identification of the owner and contact
information of the wireless facility provider or utility pole, or identification of wires, cables, etc.
necessary to aid in safety or hazard work or maintenance or repair work of the communications
facility.
SMALL WIRELESS FACILITY. A wireless facility that meets the following qualifications:
(a) Each antenna associated with the facility is located inside an enclosure of no more
than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each
antenna and all of its exposed elements could fit within an enclosure of no more than 6
cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more
than 28 cubic feet in volume. The following types of associated ancillary equipment are
not included in the calculation of equipment volume: electric meters, concealment
elements, telecommunications demarcation boxes, ground -based enclosures, grounding
equipment, power transfer switches, cutoff switches, vertical cable runs for the
connection of power and other services, and utility poles or other support structures.
SMART TECHNOLOGY. The County's present and future technology to support the County's
smart technology initiatives, including but not limited to, sensors and smart lights, fiber, CCTV
cameras, digital signage, data sharing with traffic applications, smart solar -powered charging
stations, emergency alert applications and other initiatives over time.
STEALTH DESIGN. A method of camouflaging any tower, antenna or other communications
facility, including, but not limited to, supporting electrical or mechanical equipment, or utility
pole which is designed to enhance compatibility with the surrounding neighborhood and be as
visually unobtrusive as possible.
SURROUNDING NEIGHBORHOOD. The area within a five hundred (500) foot radius of a
communications facility site or proposed communications facility site.
UTILITY. Any person or entity that is a local exchange carrier or an electric, gas, water, steam or
other public utility, and who owns or operates appurtenant facilities or equipment that is situated
with the public rights -of -way for transmission of such utility's goods, commodities or services.
UTILITY POLE. A pole or similar structure that is used in whole or in part to provide
communications 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 an authority grants a waiver
for such pole.
WIRELESS FACILITY. 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 adjacent to or directly associated with a particular
antenna.
WIRELESS INFRASTRUCTURE PROVIDER. A person who has been certificated under Chapter 364,
Florida Statutes, to provide telecommunications service or under Chapter 610, Florida Statutes,
to provide cable or video services in this state, or such person's affiliatejo t#_�and who
builds or installs wireless communication transmission equipment, wireless facilities, or wireless
support structures but is not a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services provided using licensed or unlicensed spectrum, whether at a
fixed location or mobile, using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole, a guyed or self-
supporting tower, or another existing or proposed structure designed to support or capable of
supporting wireless facilities. The term does not include a utility pole, pedestal, or other support
structure for ground -based equipment not mounted on a utility pole and less than five (5) feet in
height.
WRAP. An aesthetic covering depicting artistic or scenic imagery. Imagery in a wrap may not
contain any advertising. A wrap authorized by the County shall not constitute signage.
Sec. 44-4. Registration For Placing Or Maintaining Communications Facilities in the
Public Right -Of -Way.
(a) All persons, including, but not limited to a communications services provider,
pass -through provider, or wireless provider, seeking to place or
maintain a communications facility, backhaul facility, or utility pole for collocation
of a small wireless facility, in the public rights -of -way in the County pursuant to
this Ordinance shall fiFSt Fegist^r maintain an effective registration with the
County in accordance with this Ordinance before being eligible to receive a permit.
Subject to the terms and conditions prescribed in this Ordinance and approval of
a permit, if required, a registrant may place or maintain a communications facility
in public rights -of -way. All persons, including, but not limited to a
communications services provider, pass -through provider, or wireless
;Afr. -st-F tur^ provider with an existing communications facility in the public
rights -of -way of the County as of the effective date of this Ordinance has ninety
(90) days from the effective date of this Ordinance to comply with the terms of
this Ordinance to the extent not inconsistent with a previously issued permit,
including, but not limited to obtaining an effective registration.
(b) Requirements for an effective registration. A person that desires to places or
maintains a communications facility, baEkhawl facAITt+e5; and ^^ i^f",rt�Ei�rz
r,r.,..1.J.,. that .,L. +., .,I.. +., O..Stall a +ili+.. pole fee r0^II +ien of all
f-,,.;';ty in the public rights -of -way in the County shall file an original
registration, along with two (2) complete copies with the County Administrator.
The registration shall be submitted by the person that owns or controls the
communications facility ands shall include the following information:
(1) Name of the registrant;
(2) Name, address and telephone number of the registrant's primary contact
person in connection with the registration and name, address, telephone
number and email addresses of the registrant's primary contact person in
the event of an emergency or issue involving its facilities, which shall be
monitored 24 hours per day, 7 days per week.
(3) The type of C-6rmTrcrrrrEa i6rrs seivFC�s th atthe FegiStFa t ffevides OF
;nLe.;aS-tc^ PF9Vide—v:ithin the rcetlncy—(if mere than eRe, state all thaw
A statement of whether the
registrant is a pass -through provider in the County as defined in Section
337.401(6)(a)1, Florida Statutes, s the ease may be, ae;�Tether the
..,..� +r ,.,+ .,+I., r .,, +� ., n+enrlr +., r .,�i+ re.,,.. un;eateens Ser.,;r e
Tax, as authero-zedn G-h. 202, F.S.;
(4) Evidence of the insurance coverage required under subsection 44-4(c);
(5) Acknowledgment that registrant has received and reviewed a copy of this
Ordinance;
(6) A copy showing the number of the registrant's certificate of authorization;
� uhlie ceRvenr•e and necessity er ether r rv.;lar r•ert;f;r r• at;en er lienrer
,
issued by the Florida Public Service Commission, the Florida Department
of State, or the FCC, OF ether federal a utherit., n eepy of federal er state
sert+fiEat+e;Taet#e-A-zi g the KegastFa,,t tePFGY*de—se;�Rcat+ens
seFyicer ;f a • and
(7) The registrant's federal employer identification number. if the rerr;rtr-,nt ;r
neFatien of of alA149rity to rlo hr;nerr• ;n +he rt;ite of Clor;rd-.
,
ineiw d;ng then .,-,her of the GeFpeFate r•ert;f;r•;t;en. and
7T.I:T:
(c) Insurance.
(1) Registrant shall provide, pay for and maintain satisfactory to the County,
the types of insurance described herein. All insurance shall be from
responsible companies duly authorized to do business in the state of
Florida and having a rating in Best's Insurance Guide of A or better, or
having a rating acceptable to the County. All liability policies shall provide
that the County is an additional insured in the endorsement. The required
coverages must be evidenced by properly executed certificates of
insurance forms. The certificates must be signed by the authorized
representative of the insurance company and shall be filed and maintained
with the County annually. Thirty -days advance written notice by registered
or certified mail must be given to the County of any cancellation, intent
not to renew, or reduction in the policy coverages. In addition to the
certificate of insurance, the registrant shall provide a copy of the insurance
policy, if requested by the County. A provider of communications services
may add the County to any existing insurance policy and the County shall
accept such proof of coverage without any conditions other than consent
to venue for purposes of any litigation to which the County is a party.
(2) The limits of coverage of insurance required shall be not less than the
following:
i. Worker's compensation and employer's liability. Insurance
employer's liability: Florida statutory requirements.
ii. Comprehensive general liability. Bodily injury and property
damage: $3,000,000 combined single limit each occurrence. Said
coverage shall not exclude contractual liability,
products/completed operations, independent or contractors.
iii. Automobile liability. Bodily injury and property damage:
$3,000,000 combined single limit each accident.
iv. Umbrella or excess liability. Registrant may satisfy the minimum
limits required above for either commercial general liability,
business auto liability and employer's liability coverage under
umbrella or excess liability. The umbrella or excess liability shall
have an aggregate limit not less than the highest "each occurrence"
limit for commercial general liability, business auto liability or
employer's liability. The County shall be specifically endorsed as an
"additional insured" on the umbrella or excess liability, unless the
certificate of insurance states the umbrella or excess liability
provides coverage on a "follow -form" basis.
V. Self-insurance. Registrant may satisfy the insurance requirements
and conditions of this division under a self-insurance plan and/or
retention if acceptable to the County in its sole discretion based on
the County's evaluation of the registrant's ability to comply with
the County Code. Registrant agrees to notify the County, and/or
indicate on the certificate(s) of insurance when self-insurance is
relied upon or when a self -insured retention meets or exceeds
$100,000. The County reserves the right, but not the obligation, to
request and review a copy of the registrant's most recent annual
report or audited financial statement, which the registrant agrees
to furnish for the purpose of determining the registrant's financial
capacity to self -insure.
(3) Right to review. County, by and through its Risk Manager, reserves the
right to review, modify, reject or accept any required policies of insurance
or self-insurance, including limits, coverages, or endorsements herein from
time to time throughout the life of this division. County reserves the right,
but not the obligation, to review and reject any insurer or self -insurer
providing coverage because of its poor financial condition or failure to
operate legally.
(4) This Ordinance shall not be construed to affect in any way the County's
rights, privileges and immunities as set forth in F.S. §768.28. Insurance
under this division shall run continuously with the presence of the
registrant's facilities in the public rights -of -way, and any termination or
lapse of such insurance shall be a violation of this division and subject to
the remedies as set forth herein. Notwithstanding the foregoing, the
County may, in its sole discretion, require increased or decreased levels of
insurance.
Reserved. PeFfOFmanee Cash Bend to Guarantee CompliaRee. Per apeFfeFmanee bend in the amount of fifty thousand dollars registration, a FegffiStFant shall file wit-h the County, fOF County appFeva6 a
($50,999), OR the feFFR
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(e) Review of Registration. The County shall review the information submitted forby
the registration applaeapt. If the applieant submits information is in accordance
with subsection 44-4(b), the County shall notify the requesterapp4c-ai# of the
effectiveness of registration in writing. If the County determines that the
information has not been submitted in accordance with subsection 44-4(b), the
County shall notify the requesterapp4Gaot in writing of the non -effectiveness of
registration, and reasons for the non -effectiveness. The County shall undertake
to provide such notifcationse Retify aR applicant within 30 days after receipt of
registration information . A notice of non -effectiveness of a
registration shall not preclude the filing of a subsequent request
eF fi1iRg subsequent applications for registration under the provisions of this
Ordinance.
(f) Regulations Applicable to Registrations.
(1) A registration shall not convey any title, equitable or legal, in the public
rights -of -way. Registration under this Ordinance governs only the
placement or maintenance of communications facilities in public rights -of -
way. To the extent not inconsistent with applicable law, registration does
not excuse a communications services provider from obtaining
appropriate access or pole attachment agreements before locating its
facilities on the County's or another person's facilities. Within 390 days of
any change in the information required to be submitted by a registrant, a
registrant shall provide updated information to the County.
Registration shall be nonexclusive. Registration shall not establish any
right or priority to place or maintain a communications facility in any
particular area in public rights -of -way within the County. Registrations are
expressly subject to any future amendment to or replacement of this
Ordinance, and further subject to any additional County ordinances, as
well as any applicable state or federal laws.
(3) Unregistered use of public rights of way. To the extent that a
communications services provider, wireless infrastructure provider or
pass -through provider with facilities in the public rights -of -way, is not
registered as required herein, said person shall register with the County
pursuant to this Ordinance within ninety (90) days from the effective date
of this Ordinance. No new permits shall be issued to unregistered persons
with communications facilities within the public rights -of -way and such
persons may be subject to the enforcement remedies.
u Registration renewal. A registrant shall renew its registration with the
County by March 1 of even R'WnbeF^devery five years from the first March
after the initial effectiveness of the registration in accordance with the
registration requirements in this Ordinance, as may be amended, emeept
,.,A,heaTeg ewmI he- due, @i � A-d_d_ rh ^-rid ycai--mrnTc.aJ�' u+cerI
�
p; eseding surCh evegR;mbeFed yeaF, `'hall not be FeqUiFed to Fenew n
tfP—rRPWt crier,-mbered year. If no information in the then -existing
registration has changed, the renewal may state that no information has
changed. Failure to renew a registration may result in the County
restricting the issuance of additional permits and shall prohibit a registrant
from performing maintenance of existing facilities within the rights of way
until the registrante^mmuRiGati pFevide has complied with
the registration requirements of this Ordinance. An existing effective
registration pursuant to the County Code, prior to the effective date of this
Ordinance shall continue to be effective and the registrant PuFsuant to
appleeable—ia—shall comply with this Ordinance by the earlier of the
following: ninety (90) days from the effective date of this Ordinance, the
renewal of a registration as required herein, or prior to submitting an
application for a permit.
u Indemnification. A registrant shall, at its sole cost and expense, indemnify,
hold harmless and defend the County, its officials, boards, members,
agents and employees, against any and all claims, suits, causes of action,
proceedings, judgments for damages or equitable relief, and costs and
expenses incurred by the County arising out of the placement or
maintenance of its communications system or facilities in public rights -of -
way, or otherwise caused by the registrant, regardless of whether the act
or omission complained of is authorized, allowed or prohibited by this
Ordinance, provided however, that a registrant's obligations hereunder
shall not extend to any damages caused solely by the negligence, gross
negligence eF wanten or willful acts of the County This provision includes,
but is not limited to, the County's reasonable attorneys' fees incurred in
defending against any such claim, suit or proceedings. County agrees to
notify the registrant, in writing, within a reasonable time of County
receiving notice, of any issue it determines may require indemnification.
Nothing in this division shall prohibit the County from participating in the
defense of any litigation by its own counsel and at its own cost, if in the
County's reasonable belief there exists or may exist a conflict, potential
conflict or appearance of a conflict. Nothing contained in this Ordinance
shall be construed or interpreted:
i. as denying to either party any remedy or defense available
to such party under the laws of the state of Florida;
ii. as consent by the County to be sued; or
iii. as a waiver of sovereign immunity beyond the waiver
provided in F.S. §768.28, as it may be amended.
(66) A registrant may cancel a registration upon written notice to the County
that the registrant will no longer place or maintain any communications
facilities in public rights -of -way, and will no longer need to obtain permits
to perform work in the public rights -of -way. A registrant cannot cancel a
registration if the registrant continues to place or maintain any
communications facilities in public rights -of -way.
M Liens. No liens shall apply to public rights -of -way or County property as a
result of the placement or maintenance of a registrant's facilities in the
public rights -of -way or on a County utility pole. Any liens on a registrant's
facilities shall be subordinate to the rights of the County pursuant to this
Ordinance. In the event any liens are filed on the County property or public
rights -of -way, the registrant shall discharge such lien at its expense within
ten (10) days of receiving notice, or the County may discharge such lien,
and charge such costs plus reasonable attorney's fees to registrant.
ll A registrant shall pay any personal property or other taxes or assessments
that may be imposed on the registrant's facilities placed or maintained in
the public rights -of -way or on the County's property including a utility pole
as a result of a registrant's collocation on a County utility pole. A registrant
shall reimburse the County for taxes paid by the County as a result of a
registrant's facilities being placed or maintained in the public rights -of -way
or on a County utility pole.
Reports and records.
(a) Upon reasonable request, a registrant shall provide the following
documents to the County as received or filed:
i. Any pleadings, petitions, notices, and documents, which
may directly impact the obligations under this Ordinance
and which are reasonably necessary for the County to
protect its interests under this Ordinance.
ii. Any request for protection under bankruptcy laws, or any
judgment related to a declaration of bankruptcy.
(b) The County shall keep any documentation, books and records of
the registrant confidential to the extent required under Florida
Statutes.
10 Termination of Registration. The County may terminate a registration if:
(a) A federal or state authority suspends, denies, or revokes a
registrant's certification or license required to provide
communications services;
u The registrant's placement or maintenance of a communications
facility in the public rights -of -way presents an extraordinary threat
to the health, welfare or safety to the general public or other users
of the public rights -of -way and the registrant fails to remedy the
health, welfare or safety concern promptly after receipt of written
notice;
(c) The registrant abandons its facilities in the public rights -of -way; or
The registrant commits substantive and material violations of any
of the provisions of applicable codes including but not limited to
this Ordinance.
11 Notice of intent to terminate. Prior to termination, the County shall notify
the registrant with a written notice setting forth all matters pertinent to
the proposed termination action, including the reason therefore. The
registrant shall have thirty (30) days after receipt of such notice within
which to address or to eliminate the reasons or within which to present a
plan, satisfactory to the County, to accomplish the same and to take such
steps as are necessary to render every portion of the facilities remaining in
the public rights -of -way of the County safe. If the plan is rejected by the
County, the County shall provide written notice of such rejection within
fifteen (15) days of receipt of the plan to the registrant and shall make a
final determination as to termination of the registration and the terms and
conditions relative thereto.
12 Post termination action. In the event of termination, following any appeal
period, the former registrant shall: (a) in accordance with the provisions of
this Ordinance and as may otherwise be provided under state law, notify
the County of the assumption or anticipated assumption by another
registrant of ownership of the registrant's communications facilities in the
public rights -of -way; or (b) provide the County with an acceptable plan for
removal or disposition of its communications facilities in the public rights -
of -way and restore the public rights -of -way to its condition immediately
prior to the removal. If a registrant fails to comply with this subsection,
the communications facilities are deemed to be abandoned and the
County may exercise any remedies or rights it has at law or in equity as
well as the County's remedies pursuant to this Ordinance, including but
not limited to, utilize or allow other persons to utilize the registrant's
facilities. The obligations of the registrant hereunder shall survive the
termination of a registration. A registrant that has its registration
terminated by the County under this Ordinance may reapply for
registration one (1) year after the termination date of the prior
registration, unless otherwise permitted to reapply at the sole discretion
of the County.
13 When removal is not authorized or required. In the event of termination
of a registration, this Ordinance does not authorize the County to cause
the removal of communications facilities used to provide another service
for which the registrant or another person who owns or exercises physical
control over the communications facilities holds a valid certification or
license with the governing federal or state agency, if required, for the
provision of such service, and is registered with the County, if required. If
a person other than a registrant will own or exercise control of facilities
remaining the public rights -of -way, such person shall register with the
County pursuant to this Ordinance within ten (10) days of acquiring such
ownership or control.
14 Transfer or control, sale or assignment of assets. If a registrant transfers,
sells or assigns its registration or its facilities in the public rights -of -way,
incident to a transfer, sale or assignment of the registrant's assets, the
transferee, buyer or assignee shall be obligated to comply with the terms
of this Ordinance. Written notice of any such transfer, sale or assignment
shall be provided to the County within twenty (20) days of the effective
closing date of the transfer, sale or assignment. If the transferee, buyer or
assignee is a current registrant, and is in compliance with the provisions of
this Ordinance, then the transferee, buyer or assignee is not required to
re -register. If the transferee, buyer or assignee is not a current registrant,
or has an effective registration that is not in compliance with this
Ordinance as it may have been amended, then the transferee, buyer or
assignee shall register as provided in this Ordinance within sixty (60) days
of the transfer, sale or assignment. If permit applications are pending in
the registrant's name, the transferee, buyer or assignee shall notify the
appropriate County officials that the transferee, buyer or assignee is the
new applicant.
15 Pledges in trust or mortgages of the registrant may be made to any person
with notice to the County. Any mortgage, pledge, lease or other
encumbrance on the communications facilities shall be subject and
subordinate to the rights of the County under this Ordinance and
applicable law.
16 County makes no warranties or representations regarding the fitness,
suitability or availability of public rights -of -way for the registrant's
communications facilities, and any performance of work or costs incurred
by registrant or provision of services shall be at registrant's sole risk.
Nothing in this Ordinance shall affect the County's authority to add, vacate
or abandon public rights -of -way, and the County makes no warranties or
representations regarding the availability of any added, vacated or
abandoned public rights -of -way for communications facilities.
17 Conditional use of public rights -of -way.
(a) In the event registrant desires to use its existing facilities or to
construct new facilities for the purpose of providing other utility
or non -utility services to existing or potential consumers or
resellers, by providing any other services other than the provision
of communications service, or for providing any other use to
existing or potential consumers, a registrant shall seek such
additional and separate authorization from the County for such
activities as may be required by applicable law.
To the extent that any person or registrant leases or otherwise
uses the facilities of a person that is duly registered or otherwise
authorized to place or maintain facilities in the public rights -of -
way of the County, such person or registrant shall make no claim,
nor assert any right which will impede the lawful exercise of the
County's rights, including requiring the removal of such facilities
from the public rights -of -way of the County, regardless of the
effect on registrant's ability to place or maintain its own
communications facilities in public rights -of -way of the County.
Sec. 44-5. Requirement of a Permit.
(a) In accordance with applicable law, County ordinances, codes, regulations, and
County Rights -of -Way Standards and Specifications including this Ordinance, a
right-of-way use permit issued by the County shall be required for a
communications services provider, communications facility provider or a pass -
through to place or to maintain a communications facility in the public rights -of -
way unless otherwise exempt pursuant to this Ordinance. An effective
registration shall be a condition of obtaining a permit. Notwithstanding an
effective registration, permitting requirements shall continue to apply. A permit
may be obtained by or on behalf of a registrant having an effective registration if
all permitting requirements are met. A registrant shall not commence to place or
to maintain a communications facility in the public rights -of -way until all
applicable permits have been issued by the County or other appropriate authority.
To the extent not prohibited by applicable law, a registrant shall provide notice to
residents or businesses on adjacent properties within one hundred (100) feet of
the location of the proposed ground -mounted small wireless facility or new utility
pole for collocation of a small wireless facility, by providing a door hanger on such
residences or businesses. Such door hangers shall be placed within one week of
submitting a permit application and shall include a description and location of the
proposed facility and contact information for the Registrant. A registrant shall
comply with all County requirements for issuing permits, including 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. The County may
issue a blanket permit to cover certain activities, such as routine maintenance and
repair activities, that may otherwise require individual permits or may impose
lesser requirements. Requests for ancillary permits required to operate a
communications facility, including but not limited to electrical permits, shall be
processed pursuant to the County's policies and procedures. The County may
deny or withhold the ancillary permit if the registrant is otherwise in violation of
the County Code.
(b) Limited Exceptions from Permit Requirement.
(1) A registrant that is in compliance with this Ordinance shall be allowed to
perform service restoration work on existine facilities. or repair work,
including but not limited to, emergency repairs of existing facilities or
extensions of such facilities for providing communications services to
customers. A registrant performing work without a permit shall ensure
that there is photographic and video documentation of the work, including
depiction of the area of the public rights -of way impacted, and such
photographic and video documentation shall be provided to the County
within ten (10) business days. In the case of an emergency, a registrant
shall notify the County as soon as possible, not to exceed 24 hours, of the
emergency work taking place. 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 complete the County right-of-way use permit application form within
72 hours and will be issued an "After the Fact" permit. The application shall
meet all the requirements of a right-of-way use permit for non -emergency
work as described in this ordinance. Any MOT required for emergency
work shall meet the requirements of the latest edition of the FDOT 600
Series Standard Drawings and the Manual on Uniform Traffic Devices.
(2) A registrant shall be allowed to perform routine maintenance within the
public rights -of -way without a permit if such proposed routine
maintenance does not involve excavation, construction, or disruption to
transportation in the public rights -of -way, including but not limited to
vehicle, bicycle and/or pedestrian facilities. In the case of routine
maintenance, for purposes of coordination, a registrant shall provide
notice to the County within 48 hours in advance identifying the areas
where such maintenance will occur, scope of maintenance, date(s) and
duration of work to be performed. If routine maintenance requires agrt4e
closure, regardless of the duration, of the public rights -of -way, a permit
shall be required. If there are significant changes to the registrant's facility,
as -built drawings shall be provided to the County within ten (10) business
days.
(3) A permit shall not be required for replacement of existing wireless facilities
with wireless facilities that are substantially similar or of the same or
smaller size. A registrant shall provide 48 hours' notice to the County prior
to the work being done. As -built plans shall be provided to the County
within ten (10) business days. A registrant shall be allowed to perform
maintenance, repair, replacement, extension, or upgrade of existing aerial
lines or underground communications facilities located on private
property outside of the public rights -of -way without first obtaining a
permit. All underground work without a permit shall be photographed and
videotaped, and such photograph and videotape documentation shall be
provided to the County within ten (10) business days.
(4) A permit shall not be required for the installation, placement,
maintenance, or replacement of micro wireless facilities that are
suspended on cable strung between existing utility poles in the public
rights -of -way, in compliance with applicable codes by or for a
communications services provider authorized to occupy the public rights -
of -way and who is remitting communications services tax under Chapter
202, Florida Statutes. Prior to placing a micro wireless facility in the public
rights -of -way pursuant to this subsection, at l,,.,s+ thii#ty (30) days PrieF +„
se ep 'g said WGFk, the registrant shall submit a letter under oath to
the County Administrator from or on behalf of the communications
provider, which shall be effective upon filing, attesting that the micro
wireless facility's dimensions comply with Section 337.401(7), Florida
Statutes, and this Ord inances^r+ifi,..,+i„n „f the rr, ^less faGi'i+„s-
d e.Rsic�s t6 the G-9_16IRty f9F Fey car. A registrant's submission to
demonstrate a micro wireless facility's dimensions may apply to all of the
same, substantially similar, or smaller sizeidentieal micro wireless facilities
sought to be placed in the public rights -of -way by such registrant, and the
regiStFa�seeks te�Ee a MIGF�vwTeiess faces ty by a d+fTe ee�
uflaet lrel- R- .,:+h .Jiff.,Fent .J:.w.en-s:ens in the PUI9IiG . „htS ef_way. If
the micro wireless facility's dimensions exceed the dimensions to
constitute a micro wireless facility, the registrant shall not be authorized
to place such facility in the public rights -of -way. As -built plans shall be
provided to the County within ten (10) business days.
(5) Notwithstanding the exceptions to permit requirements contained in this
subsection, a registrant shall obtain from the County a right-of-way permit for
work that involves excavation, closure of a sidewalk regardless how
temporary, or closure of a vehicular lane or parking lane regardless how
temporary, unless the registrant is a communications services provider that is
performing service restoration on an existing facility and the work is done in
compliance with the 2017 edition of the Florida Department of Transportation
Utility Accommodation Manual, including but not limited to, the requirement
to notify Sunshine 811 prior to any excavation or demolition activities in
accordance with Chapter 556, Florida Statutes, and to comply with all County
Codes. In such instance. the communications services provider shall provide
information acceptable to the County detailing the service restoration that is
needed on an existing facility and shall provide reasonable advance notice to
the County of at least three (3) business days, so that the County may have an
observer present. The County may require a specific method of excavation
and a maintenance of traffic or sidewalk closure plan, as applicable. In
addition, the registrant shall file for an after the fact permit within 72 hours
after completing restoration of the public rights -of -way. A registrant
performing work without a permit shall ensure that the work is photographed
and videotaped, including of the area of the public rights -of way impacted, and
such photograph and videotape documentation shall be provided to the
County within ten (10) business days.
(c) The County Administrator may cause an immediate stop work order where any
permitted or unpermitted construction or other work in the public rights -of -way
poses a serious threat to the health, safety or welfare of the public until such
serious threat has been abated. Failure to comply with such order may subject a
registrant, and its agents, employees, and contractors as applicable to appropriate
enforcement remedies as set forth in this Ordinance and applicable law.
Sec. 44-6. Permit Aa'-'+e—►Information Requirements and Review Procedures.
(a) Pre -submittal meeting. To minimize issues related to a permit reguestappI+EatieR,
prior to submitting materials for a request for any permit, which does not include
an application for a permit to collocate small wireless facilities or to place a new
utility pole used to support a small wireless facility, a registrant shall conduct a pre-
submittal meeting with the County to discuss the registrant's plans and network
goals for placing or maintaining facilities in the public rights -of -way. The registrant
is encouraged to be prepared to discuss its network needs and planned locations,
design of facilities and other issues that may arise under this Ordinance. The
County shall undertake efforts to accommodate a registrant's request for a pre -
submittal meeting within ten (10) business days of a request. At a registrant's
request, the County, in its sole discretion, may waive the requirement of a pre -
submittal meeting for good cause based on the scope of the proposed permit and
registrant's compliance with this Ordinance. 'M ^^ ^4;^.,t shall the Fequ;re_MeRt ^f
"mitt,' m ^+i^^ "^ waived fnr , � ^"�',*^�' ^ �^'*. In no event shall the
requirement of a pre -submission meeting be waived for a permit request that
involves excavation of over 50 feet of public rights -of -way. The requirement of a
pre -submittal meeting does not apply to applications. However, even if a pre -
submittal meeting may not be required under applicable law, registrants are
strongly encouraged to engage in a pre -submittal meeting. A pre -submittal
meeting, whether required herein or voluntary on the part of a registrant, shall
not commence the time frames provided herein for County review and processing
of a request or an application.
(b) Applueatien rRequirements for all etheF communications facilities in the public
rights -of -way. As part of any permit application or request to place or maintain
any facility pursuant to this Ordinance in the public rights -of -way, a registrant or
a registrant's agent or contractor shall provide a peFF it pplueatien that ;^t,; f^.-t"
the information on the County's permit appleeatien form as it may be amended,
including, at a minimum, the following:
(1) The applicant or requester for the permit must be the registrant. The
County does not accept an application or request in which a contractor
applies on behalf of a registrant or owner of the facilities. Contractors may
perform work authorized by a permit in compliance with the County's
applicable codes, including but not limited to, County Rights -of -Way
Standards and Specifications.
(2) Confirmation that the app4ca4#registrant engaged in a pre -submittal
meeting, if required, or such meeting was waived by the County, that the
registrantapp4eant notified residents and businesses on adjacent
properties, if applicable, and that the registrantapp4em# has an effective
registration with the County and is otherwise in compliance with the
County Code.
(3) Engineering plan. An engineering plan signed and sealed by a €lerida
licensed engineer that includes the following:
(a) For new facilities to be located that are not collocated on existing
facilities in the public rights -of -way, topographic or other type of
survey listed on the permit applieat+en form demonstrating that
the proposed location of the facility or utility pole is within the
public rights -of -way, unless waived by the County in its sole
discretion, pursuant to an applicant's or requester's attestation
that the proposed facility is located within the public rights -of -way;
(b) The type of proposed facility, location of the proposed facility, and
the dimensions, height, footprint, stealth design, structural
integrity analysis or manufacturer's specifications, and
concealment features of the proposed facility;
(c) The Global Positioning System (GPS) coordinates of the proposed
facility. The GPS coordinates shall be based on the reading from a
survey grade GPS unit set to Datum NAD 83 or WGS84. GPS
coordinates based on Google Earth or similar application may be
used where areas of shading occur due to overhead canopy. GPS
Coordinates shall be provided in decimal degrees at a six (6)
decimal point precision;
(d) Whether the proposed facility is proposed within a location subject
to restrictions pursuant to subsection 44-9(b) of this Ordinance;
(e) Distances between the proposed facility and the edge of nearby
pavement, sidewalks, driveways, ramps, the nearest residential
properties, nearby drainage systems, trees, ground -mounted
equipment, nearby structures in the public rights -of -way,
underground utilities and other above -grade and below -grade
structures and utilities located within a 100-foot radiusie
(f) For new communications facilities, within 100 foot radius, a plan
showing pavement, sidewalks, driveways, ramps, trees, below -
grade utilities, and other above -grade and below -grade structures
and facilities located within the public rights -of -way. With respect
to identifying other communications facilities, the applicant need
only identify at -grade communications facilities within 50 feet of
the location of the proposed location for the installation of
proposed at -grade communications facilities;
(g) Sufficient specificity demonstrating compliance with applicable
codes, the Florida Building Code, most current edition, specifically
including but not limited to terms of compliance with the High
Velocity Zone Criteria specified therein, and all applicable codes,
including the 20107 Florida Department of Transportation Utility
Accommodation Manual, as applicable; National Electrical Code,
the National Electrical Safety Code and the "Safety Rules for the
Installation and Maintenance of Electrical Supply and
Communication Lines" established by the Department of
Commerce, Bureau of Standards of the United States, and County
Rights -of -Way Standards and Specifications, as may be amended
and FCC standards;
(h) The routes of all transmission and distribution lines to be placed or
maintained in the public rights -of -way in connection with the
proposed facility (such lines may be subject to separate permit
requirements);
(i) Certification that the proposed facility will not materially interfere
with the safe operation of traffic control equipment;
(j) Certification that the proposed facility will not interfere with sight
lines or clear zones for transportation, pedestrians, or public safety
purposes or result in the public rights -of -way being inconsistent
with the Florida Greenbook;
(k) Certification that the proposed facility will not materially interfere
with compliance with the Americans with Disabilities Act or similar
federal or state standards regarding pedestrian access or
movement;
(1) Signed and sealed plan showing conformance with the County
Rights -of -Way Standards and Specifications; and
(m) Other engineering information that may be requested by the
County.
(4) Trees or landscaping to be removed or impacted upon the placement or
maintenance of the proposed facility.
(5) Photographic or video documentation of the pre -construction condition of
the public rights -of -way in the area to be affected by the installation of the
proposed facility.
(6) Description of installation or construction. A description of the method by
which the facility will be installed and/or modified (i.e. anticipated
construction methods or techniques).
(7) Temporary sidewalk closure plan. The applicant shall provide a temporary
sidewalk closure plan, designed by a holder of an FDOT Temporary Traffic
Control Advanced Maintenance of Traffic Certificate, if applicable, to
accommodate placement or maintenance of the facility.
(8) Temporary maintenance of traffic (MOT) plan. The applicant shall provide
a temporary traffic lane closure and maintenance of traffic (MOT) plan
designed by a holder of an FDOT Temporary Traffic Control Advanced
Maintenance of Traffic Certificate, if applicable, to accommodate
placement or maintenance of the facility. The MOT plan shall be prepared
in conformance with the Florida Greenbook, FDOT Index and Standard
Specifications, Federal Highway Administration Manual of Uniform Traffic
Control Devices (MUTCD), and County Rights -of -Way Standards and
Specifications. If a road closure is necessary, the detour and MOT shall be
designed and signed and sealed by a Florida Licensed Engineer. Road
closures must be coordinated with the County a minimum of two weeks in
advanced of the planned work.
(9) Restoration plan and estimated cost of restoration of the public rights -of -
way. A restoration plan and a good faith estimate of the cost of restoration
of the public rights -of -way by a €19Fida Licensed Engineer. Such good faith
estimate shall be accepted by the County unless the County determines
such estimated costs are not representative of the actual costs of the
restoration of the public rights -of -way. Estimates of the cost to restore the
public rights -of -way shall include all costs necessary to restore the public
rights -of -way to its original condition. Such good faith estimate may
include, but shall not be limited to, costs to restore the paving,
curbs/gutters, sidewalks, multi -purpose trails, and landscaping. All
planted or naturally occurring shrubbery or vegetation, including sod,
damaged or destroyed during work in the public rights -of -way shall be
replaced. Tree or landscaping removal shown on the permit shall not be
considered damage or impairment to be restored to the original condition
provided the applicant complies with the approved mitigation plan, if any.
(10) Timetable for construction or installation. The timetable for construction,
placement or maintenance of the proposed facility or each phase thereof.
(11) Indemnification. A statement shall be included with the permit application
that by execution of the application and by applying for the permit, the
applicant shall be bound to the County with respect to the indemnification
provisions set forth in subsection 44-4(f)(5), as it may be amended.
(12) Airport airspace protection. If applicable, the applicant shall confirm
compliance with Chapter 333, F.S. and all County, State and federal laws
and regulations pertaining to airport airspace protections.
(13) Attestation. For applications by a wireless infrastructure provider or its
contractor for the placement or maintenance of a utility pole in the public
rights -of -way for collocation of a small wireless facility, the applicant shall
provide an attestation by an officer of the registrant that a small wireless
facility will be collocated on the utility pole and will be used by a wireless
services provider to provide communication service within nine (9) months
after the date the application is approved.
(14) Pole attachment agreement. If applicable for the proposed facility, the
applicant shall identify the owner of the utility pole and, except for
applicants whose pole attachments are regulated by 47 U.S.C. § 224, the
applicant shall demonstrate authority to attach to such owner's utility pole
by providing a copy of a fully executed valid pole attachment agreement
between the owner of the utility pole and registrant. In lieu of providing
the complete pole attachment agreement between the owner of the utility
pole and registrant, the applicant may provide the first page of such
agreement and the signature page or a notarized letter of authorization
from the owner of the utility pole, providing adequate identifying
information, acceptable to the County, and indicating the registrant is
authorized to install its facility on the identified utility pole. Compliance
with this requirement by an applicant shall satisfy all applications
submitted by such applicant to attach to such owner's utility poles. By
submitting an application to collocate on a utility pole, the applicant is
certifying to the County that it has the utility pole owner's authority.
(15) Information regarding height limitations. For an application for a new
utility pole to support the collocation of a small wireless facility, the
applicant shall provide information regarding the heights of the tallest
utility pole located in the same public rights -of -way as of July 1, 2017,
measured from grade in place within five hundred (500) feet of the
proposed location of the utility pole. If there is no utility pole within five
hundred (500) feet of the proposed utility pole as of July 1, 2017, the
applicant shall so certify.
(16) If the permit reguestapplieatien includes a backup power supply,
information to demonstrate that the backup power supply and proposed
fuel storage satisfies the applicable provisions of the County Code and the
Florida Building Code, as they may be amended.
(17) In addition to the requirements herein, as part of any permit application
to place or maintain a small wireless facility in the public rights -of -way, the
applicant shall provide the following:
(a) Documentation to the satisfaction of the County from a Florida
licensed engineer, that the structure and foundation of the utility
pole intended to support the collocation of the small wireless
facility can support the additional load of the proposed small
wireless facility consistent with the requirements of the Florida
Building Code;
(b) Certification and description by the applicant to the satisfaction of
the County how the proposed small wireless facility complies with
the objective design standards set forth in this Ordinance.
(c) Accurate photo simulations of the proposed small wireless facility
and if applicable, as collocated on the utility pole.
(18) Applicable permit fees including reimbursement for County consultants, to
the extent not inconsistent with applicable law.
(19) Consolidated permit application and single application for multiple
locations. A registrant may submit a single application with consent of the
County to place or to maintain multiple facilities in the public rights -of -
way, where it would be more efficient for the registrant and the County to
address multiple facilities in one permit application. An applicant seeking
to collocate multiple small wireless facilities may file a consolidated permit
application and receive a single permit for the collocation of up to thirty
(30) small wireless facilities. The application must include the information
required for an application each for all proposed small wireless facilities.
In addition, prior to applying for a consolidated permit, the applicant is
strongly encouraged to.must-engage in a pre -submittal meeting with the
County to discuss all proposed small wireless facilities, the proposed
locations, and shall be prepared to provide information required by the
County for such pre -submittal meeting. If the application includes multiple
small wireless facilities, the County may separately address small wireless
facility collocations for which incomplete information has been received or
which are denied. Each proposed utility pole to be placed in the public
rights -of -way for the collocation of a small wireless facility shall require a
separate application unless the County consents at a pre -submission
meeting to a single application for multiple utility poles.
(20) To the extent not inconsistent with applicable law, such additional
information requested by the County reasonably necessary for the permit
application.
(c) Application Review and Procedures.
(1) Review procedures for applications for small wireless facilities or for utility
poles for collocation of small wireless facilities. Except as otherwise
provided herein, requests for permits for the placement of
communications facilities in the public rights -of -way shall be subject to the
time frames and review procedures set forth in this subsection 44-6(c)(1);
requests shall be considered to be applications; and requesters shall be
considered to be applicants as referenced in these subsections. The time
frames and procedures herein shall not apply to other requests, including
but not limited to, request for permits to perform maintenance on existing
communications facilities in the public rights -of -way. Time periods within
this subsection may be extended for the period of time impacted by a force
majeure event or by a declared State of Emergency by the County or
Governor of the State that impacts the County ("force majeure event"). If
an applicant takes the position that the force majeure event does not
extend the time periods within this Ordinance, it shall so notify the County
within twenty-four (24) hours of the occurrence of such force majeure
event, or the applicant shall be deemed to have consented to such
extension required by the force majeure event.
(a) Unless extended by mutual consent of the applicant and County,
within 14 days after receiving an application, the County Engineer
will notify the applicant by electronic mail as to whether the
application is complete. If an application is deemed incomplete,
the County will specifically identify the missing information. An
application is deemed complete if the County fails to provide
notification to the applicant within 14 days.
(b) Negotiation Process.
(1) Unless extended by mutual consent of the applicant and the
County, within 14 days after the date of filing the
application, the County may request that the proposed
location of a small wireless facility be moved to another
location in the right-of-way and placed on an alternative
County utility pole or support structure or may place a new
utility pole. The County and the applicant may negotiate
the alternative location, including any objective design
standards and reasonable spacing requirements for
ground -based equipment, for thirty (30) days after the date
of the request.
(2) At the conclusion of the negotiation period, if the
alternative location is accepted by the applicant, the
applicant must notify the County of such acceptance and
the application shall be deemed granted for any new
location for which there is agreement and all other
locations in the application.
(3) If an agreement is not reached, the applicant must notify
the County of such nonagreement and the County must
grant or deny the original application within ninety (90)
days after the date the application was filed unless
extended by mutual consent of the applicant and County.
Failure of the applicant to so notify the County as required
herein shall be deemed to constitute the applicant's
rejection of the County's alternative location. A request for
an alternative location, an acceptance of an alternative
location, or a rejection of an alternative location must be in
writing and provided by electronic mail.
(c) The County processes all applications on a nondiscriminatory basis
consistent with applicable law. Unless the County and the
applicant engage in negotiations as provided above, the County will
approve or deny the application and will notify the applicant by
electronic mail whether the application is approved or denied
within 60 days after the receipt of a completed application.
(d) Extension of time. If the County and the applicant do not engage in
negotiations, the applicant and County may mutually agree to
extend the 60-day application review period. The County shall
grant or deny the application at the end of the extended period.
(e) The County may deny an application for a proposed collocation of
a small wireless facility or to place a utility pole used to support a
small wireless facility in the public rights -of -way if the proposed
eel4eeatieesmall wireless facility or utility pole used to support the
small wireless facility:
(1) Materially interferes with the safe maintenance and
operation of traffic control equipment;
(2) Materially interferes with sight lines or clear zones for
transportation, pedestrians, or public safety purposes;
(3) Materially interferes with compliance with the Americans
with Disabilities Act or similar federal or state standards
regarding pedestrian access or movement;
{44 Materially fails to comply with the 20170 edition of the
Florida Department of Transportation Utility
Accommodation Manual; of
(5) Fails to comply with applicable codesi
(6) Fails to comply with objective design standards set forth in
this Ordinance; or
(7) Fails to comply with the County Code.
(f) Cure Procedure.
(1) If the application or request is denied, the County will
specify the basis for the denial, including the specific code
provisions if applicable, on which the denial was based, on
the day the County denies the application.
(2) The applicant or requester may cure the deficiencies
identified by the County and resubmit the application or
request within thirty (30) days after the notice of denial is
sent. Failure to resubmit the application or request within
thirty (30) days shall result in the application or request
being deemed withdrawn.
(3) If an attempt to cure is submitted within such thirty (30)
jaysmade by the applieaRt, the County will approve or deny
the revised application or request within 30 days after
receipt of revised appnea If the applicant or
requester revises any information the a""'i^atiep other
than to address expressly the deficiencies identified by the
County, the applicant or requester shall submit a new
application or request.
(4) The County's second and subsequent reviews of revised
applications or requests will be limited to the deficiencies
cited in the denial notice.
(g) A permit issued pursuant to an approved application or request to
place a communications facility shall remain in effect for one (1)
year unless otherwise extended, suspended, or revoked by the
County pursuant to this Ordinance. If a communications facility,
small wireless facility or utility pole is installed without a permit
pursuant to this Ordinance, or applicable state or federal law, the
applicant shall nevertheless be required to have an effective
registration, comply with development standards and provide the
performance bond required in this Ordinance prior to performing
construction.
(h) A permit from the County constitutes authorization to undertake
only certain activities in the public rights -of -way in accordance with
this Ordinance, 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.
(2) Review procedures for ap requests for permits to perform
maintenance or other requests associated withfer et#er
communications facilities.
The County shall review and process requests for other
permits associated with communications facilities, including but not
limited to, permits to perform maintenance or ancillary permits, consistent
with applicable law. As distinguished from an application, the County may
deny a request for any permit, including but not limited to, a request to
place or maintain backhaul facilities, cable, or fiber in the public rights -of -
way, consistent with applicable law and the County Rights -of -Way
Standards and Specifications.
(3) Suspension and revocation of permits.
(a) The County may order the suspension of placement and
maintenance work under a permit and ultimately may suspend or
revoke any permit, in the event of a material breach of the terms
and conditions of any applicable codes`'
this Ordinance, State and federal laws and regulations, or any
condition of the permit. A material breach by the permittee may
include, but is not limited to:
(1) The violation of any material provision of the permit or
applicable codes;
(2) An evasion or attempt to evade any material provision of
the permit or the perpetration or attempt to perpetrate any
fraud or deceit upon the County;
(3) Any material misrepresentation of fact in the process of
permittee's request or application for a permit or
Registration;
(4) The failure to maintain the required performance cash bond
or insurance;
(5) The failure to meet and maintain Maintenance of Traffic
(MOT) requirements;
(6) The failure to meet and maintain pedestrian safety
requirements:
(7) The failure to properly restore the Public Rights -of -way;
(8) The failure to EeFFeeAcomply with w;thin the Specified
t+rpan order issued by the County, within the specified
time;
(9) The failure to register, renew a registration, or provide
notice of transfer in accordance with this Ordinance;
(10) The failure to relocate or remove facilities pursuant to this
Ordinance and Sections 337.402, 337.403 and 337.404, F.S.,
as amended;
(11) Conducting work in the public rights -of -way without a
permit, if required.
(b) If the County determines that a registrant has committed a
substantial breach of a term or condition of the permit or violation
of applicable codes or ' this Ordinance,
the County shall make a written demand upon the registrant to
remedy such violation. The demand shall state that the
continued violation(s) may be cause for suspension or revocation of
the permit. Further, the County may place additional or revised
permit conditions on the p ermit following a substantial breach. In
addition, the County may refuse to issue new permits and may
deny an application or request for a new permit to a registrant that
has materially violated any provisions of a permit or applicable
codes including but not limited to this Ordinance, until such time
as the registrant cures the violation to the satisfaction of the
County, including paying any damages, costs or penalties that may
have been assessed.
(c) Within twenty-four (24) hours of receiving notification of the
breach, the permittee shall contact the County and provide a plan,
acceptable to the County. The County shall provide additional time
as reasonably necessary for a permittee to establish an acceptable
plan taking into account the nature and scope of the alleged
breach. The permittee's failure to so contact the County, or the
permittee's failure to submit an acceptable plan, or the permittee's
failure to reasonably implement the approved plan, shall be cause
for revocation or suspension of the permit. A final determination
to suspend or to revoke a permit may be appealed in accordance
with the procedures set forth in this Ordinance. Nothing herein
shall affect the County's ability to take immediate action or to
cause a registrant to take immediate action pursuant to this
Ordinance or applicable law to address any condition that
threatens the health, safety or welfare of persons or property.
(d) If a permit is revoked, the permittee shall reimburse the County
for the County's reasonable costs, including restoration costs,
administrative costs, and the cost of collection. These cost may
also be deducted from the registrant's cash bond in the County's
discretion.
(e) The County may cause an immediate stop work order where
the construction poses a serious threat to the health, safety or
welfare of the public until such time as such serious threat has been
abated.
(4) Requests for waivers.
(a) Nothing in this Ordinance shall be construed to prohibit or have the
effect of prohibiting the nondiscriminatory and competitively
neutral use of public rights -of -way by communications service
providers, communications facility providers or pass -through
providers, in violation of federal or state law.
(b) A waiver of the objective design standards contained herein may
be granted by the County in those circumstances upon a showing
that the design standards are not reasonably compatible for the
particular location of a small wireless facility or utility pole or are
technically infeasible or that the design standards impose an
excessive expense^ eempetitively neUtFal use of the Y Ublirz Figh+S
QFGlffa an ee.
(c) A request for a waiver shall be filed either prior to or
contemporaneously with the permit application. The request for
waiver shall contain each provision for which a waiver is sought. A
request for a waiver shall include, as applicable, the following
information:
(1) A detailed explanation, with supporting engineering by a
FI9Fida licensed engineer or other data, as to why the
design standard requested to be waived is not reasonably
compatible for the particular location of the small wireless
facility or utility pole, is technically infeasible, or imposes an
excessive expense r f'^"' the .-e.., ire-.r.. nts of
9rc-l*naprue-iS Fegl+FedJ the apprl*r=aRt have
Rei +ssfiT,�mcter�--a R d ee m p et+t+yely R ewtfa,'--use ef the
PUbliG Figh+S „f way, including a detailed explanation
addressing the relevant engineering criteria;
(2) Nature and characteristics of the surrounding
neighborhood;
(3) Any special conditions and circumstances affecting the
proposed site which prevent compliance with the design
standards within this Ordinance
t,e;.,,. .rtt,+•
(4) If applicable, topography, tree coverage and foliage in the
immediate surrounding area of the proposed facility or
within the surrounding neighborhood;
(5) Design of the proposed facility with particular reference to
achieving compatibility with the surrounding neighborhood
and other structures in the public rights -of -way and
eliminating adverse visual impacts;
(6) If the proposed waiver is compliant with the Americans
With Disabilities Act, 42 U.S.C. Sec. 12101, et seq., and
applicable codes;
(7) If the applicant maintains that the design standard imposes
an excessive expense, the costs of complying with the
design standard, the costs of a small wireless facility or
utility pole that does not comply with the design standard,
and information to demonstrate that such difference in cost
is excessive based on the applicant's anticipated revenue or
assets;
(8) If the applicant maintains that the design standard is not
technically feasible, information from a licensed engineer
to explain the specific aspect of the design standard that
prevents the operation of the proposed small wireless
facility or utility pole; and
(9) Any other information the County may reasonably require
to process the request for waiver.
(d) The County shall grant or deny a request for a waiver of the
objective design standards within forty-five (45) days after
receiving the request for waiver or time frame under applicable law
unless the applicant and County consent to an extension. In
granting any waiver, the County may impose conditions to the
extent the County determines such conditions are necessary to
minimize any adverse effects of the proposed facility on the
surrounding neighborhood or to protect the health, safety and
welfare of the public.
(e) Should a request for waiver, and ultimately a permit, be denied by
the County, the denial of the waiver may be appealed with an
appeal of the permit denial in accordance with this Ordinance.
(f) Requests for waivers of requirements of this Ordinance, other than
the objective design standards contained herein, shall be
processed by the County in accordance with its standard
procedures.
(d) {Appeals. Final, written decisions of a designee of the County Administrator,
including but not limited to, a decision suspending, revoking, or denying a permit,
denying a registration, denying a renewal of a registration, suspending or
terminating a registration or denying a request for a waiver, or imposing costs or
a fine, are subject to appeal to the County Administrator. An appeal must be filed
with the County Administrator within thirty (30) days of the date of the final,
written decision to be appealed. An applir=aRt shall Aany appeal that is not
timely filed as set forth herein is waived. The County Administrator shall hear or
may appoint a hearing officer to consider the appeal. The decision on appeal shall
be based on the information submitted previously to the County and no new
information shall be considered. Subject to a force majeure event, the hearing
shall occur within 30 days of the receipt of the appeal, unless waived by the
applicant, and a written decision shall be rendered within 20 days of the hearing.
An appeal from a decision of the County Administrator or a hearing officer may be
appealed to the County Board of Adjustment. An appeal must be filed with the
County Board of Adjustment within thirty (30) days of the date of the final, written
decision to be appealed. An ,^^"eaRt `hall waive any appeal that is not timely
filed as set forth herein is waived. The County Board of Adjustment's decision on
appeal shall be based on the information submitted previously to the County and
no new information shall be considered. Subject to a force majeure event, the
hearing shall occur within 30 days of the receipt of the appeal, unless waived by
the applicant, and a written decision shall be rendered within 20 days of the
hearing. An appeal from a decision of the County Board of Adjustment may be
appealed to a court of competent jurisdiction. To the extent required by
applicable law, the County shall waive any claim based on failure to exhaust
administrative remedies if the County's administrative review is not complete
within 45 days after a person files a complete request for review.
Sec. 44-7. Construction Performance bond and Permanent Performance Bond.
(a) Prior to the issuance of any permit in accordance with this Ordinance, or
performing any work in the public rights -of -way, either pursuant to a permit or
without a permit if authorized by applicable law except in the case of an
emergency pursuant to this Ordinance, a registrant shall establish in the County's
favor a construction performance bond to secure the restoration of the public
rights -of -way, and to ensure the registrant's faithful performance of the
construction or other work in the public rights -of -way, in accordance with
applicable sections of the County Code. The construction performance bond must
name the County as obligee and be conditioned upon the full and faithful
compliance by the registrant with all requirements, duties, and obligations
imposed by the permit and provisions of this Ordinance during and through
completion of the placement or maintenance project. The construction
performance bond shall be in an amount as determined by the County Engineer
based on the estimated costs of the restoration of the public rights -of -way. No
construction performance bond is required if the estimated costs of the
restoration of the public rights -of -way is less than one thousand dollars ($1,000)
provided the registrant has a fully replenished performance cash bond on file with
the County pursuant to this &Ltbsection-44-4(d). For wireless facilities, including
wireless facilities where the application or request has been deemed approved
pursuant to this Ordinance, the construction performance bond shall be in an
amount of the estimated costs of the restoration of the public rights -of -way
following installation or removal of such facility, but in no event shall be less than
five thousand dollars ($5,000). For a consolidated permit, the registrant shall
provide a construction performance bond based on the amount of the total costs
of the restoration of the public rights -of -way for all small wireless facilities to be
collocated on utility poles within the public rights -of -way, but in no event shall be
less than ten thousand dollars ($10,000). The minimum amount of the
construction performance bond for a new or replaced utility pole or small wireless
facility over six (6) cubic feet shall be twenty-five thousand ($25,000) dollars. The
construction performance bond shall be issued by a surety licensed to operate in
Florida having a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition, and shall be subject to the approval of the County
Attorney. Notwithstanding this provision, the County shall accept a letter of credit
or similar financial instrument as a construction bond issued by any financial
institution that is authorized to do business within the United States, provided
that a claim against the financial instrument may be made by electronic means,
including by facsimile. A provider of communications services may add the County
to any existing bond, or other relevant financial instrument, and the County shall
accept such proof of coverage without any conditions other than consent to venue
in St. Lucie County for purposes of any litigation to which the County is a party.
(b) In the event a registrant subject to a construction performance bond fails to
complete the work in a safe, timely and competent manner in accordance with
the provisions of the permit or County code, there shall be recoverable, jointly and
severally from the principal and surety of the bond, any damages or loss suffered
by the County as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property of the
registrant, or the cost of completing the work, plus a reasonable allowance for
attorney's fees, up to the full amount of the bond.
(c) The construction performance bond must be issued as non -cancelable and shall
provide the following: "This bond may not be canceled, or allowed to lapse, until
60 days after receipt by the County, by certified mail, return receipt requested, of
a written notice from the issuer of the bond of intent to cancel or not to renew."
(d) The construction performance bond shall be for a term of not less than one LL-
year but not more than 18 months after the anticipated date of the later of
completion of construction, restoration and County inspection. In the event the
term of any construction performance bond expires, or is reasonably expected to
expire, prior to one-year after the completion of construction, restoration and
County inspection, the registrant shall immediately obtain, pay for, and file with
the County a replacement construction performance bond. No less than one-year
after completion of the construction and satisfaction of all obligations in
accordance with the bond, the registrant may request that the County remove the
requirement to continue the construction performance bond. Notwithstanding,
the County may require a new bond for any subsequent work performed in the
public rights -of -way.
(e) The rights reserved by the County with respect to any construction performance
bond established pursuant to this Ordinance are in addition to all other rights and
remedies the County may have under this Ordinance, or at law or equity, and no
action, proceeding or exercise of a right with respect to the construction
performance bond will affect any other right the County may have.
(f) Permanent Performance Bond.
The County is concerned that, based on past experience in the County and
throughout the State, the placement and maintenance of communications
facilities in the public rights -of -way has the potential to cause significant
damage to the public rights -of -way and to other utilities within the public
rights -of -way, creating disruption to the County, residents, businesses and the
travelling public. In addition, the County is concerned that it will not be able
to obtain adequate security to address damage to public rights -of -way or to
utilities, because of restrictions on construction bonds, placement and
maintenance of facilities lawfully or unlawfully without permits, inaccurate
locates, permits issued by other government entities within the County that
could impact County utilities, and other issues associated with such facilities
in the public rights -of -way. Accordingly, pursuant to the County's authority
and obligation to manage the public rights -of -way and to provide for the public
safety in the exercise of its police power, and to the extent not inconsistent
with applicable law, the County shall require all persons that place or maintain
communications facilities in the public rights -of -way to establish a permanent
performance bond in the County's favor.
2. A Registrant or Facility Owner who places or maintains communications
facilities in the public rights -of -way, shall file with the County, for County
approval, a permanent performance bond in the amount of fifty thousand
dollars ($50,000), in the form of a cash deposit or irrevocable letter of credit.
Any cash deposit shall be held in a separate account or County account. The
letter of credit shall be issued by a United States financial institution that
allows drawing on the letter of credit via electronic means including facsimile,
agrees to the jurisdiction of the appropriate court within St. Lucie County, and
shall be in a form and issued by a financial institution acceptable to the County
Attorney. The permanent performance bond shall be conditioned on the full
and faithful performance by the Registrant or Facility Owner of all
requirements, duties, and obligations imposed by the provisions of this
Ordinance and applicable law, including but not limited to requirements to
restore the public rights -of -way and to guarantee such restoration, to remove
any abandoned communications facilities, to indemnify the County as
required herein, and to pay for any damage to County or other facilities in the
public rights -of -way. The permanent performance bond shall not constitute a
fee, tax or other imposition on a dealer of communications services in its
capacity as a dealer of communications services or compensation for use of
the public rights -of -way and shall not be used by the County as such. Should
the County draw upon the permanent performance bond, the County shall
Promptly notify the registrant, and the registrant shall promptly restore the
cash deposit and/or letter of credit, as may be necessary, to the full amount.
In the event a registrant fails to perform its duties and obligations imposed by
the provisions of this Ordinance, subject to providing prior notice and a
reasonable opportunity to cure the failure, there shall be recoverable, jointly
and severally from the principal and surety of the permanent performance
bond, including a letter of credit, any damages or loss suffered by the County
as a result, including the full amount of any damages, indemnification or cost
of removal or abandonment of any property of the registrant, plus a
reasonable allowance for attorneys' fees. The cash deposit or letter of credit
shall be furnished annually or as frequently as necessary to provide a
continuing guarantee of the person's full and faithful performance at all times.
A registrant may change the form of the permanent performance bond on file
with the County on an annual basis. A registrant may request that the County
return the permanent performance bond or approve the cancellation of the
performance bond upon the expiration of a registrant's obligations pursuant
to the County Code and in no event while a registrant maintains any
obligations with respect to facilities in the public rights -of -way. If the County
determines it is appropriate to return the permanent performance bond, a
cash deposit retained by the County shall be returned without interest.
3. For new registrants seeking to place or to maintain communications facilities
in the public rights -of -way, the permanent performance bond required herein
must be filed with the County prior to the placement or maintenance of a
communications facility in the public rights -of -way. For existing registrants,
permanent performance bonds currently on file with the County, either in the
form of a cash deposit or letter of credit, shall satisfy the requirement of this
subsection and shall continue to be maintained by the County. To the extent
that a communications services provider, wireless provider, or pass -through
provider with facilities in the public rights -of -way, does not have a permanent
performance bond filed with the County as required herein, said person shall
submit the permanent performance bond as provided herein, within ninety
(90) calendar days from the effective date of this Ordinance. No permits shall
be issued to a person for placement or maintenance of facilities within the
public rights -of -way without a permanent performance bond filed with the
County. For activity that does not require a permit, no placement or
maintenance of a communications facility in the public rights -of -way shall be
performed by a person that does not have a permanent performance bond on
file with the County. In addition to other remedies provided herein, including
but not limited to, revoking a registration, denying or withholding permits, or
issuing a stop work order, the County may pursue code enforcement actions
against anv person who violates this subsection.
4. Any person who seeks a waiver of the requirement of a permanent
performance bond or seeks to pursue a challenge to such requirement shall
submit an appeal to the County Administrator setting forth the basis for such
person's position, pursuant to the procedures set forth in Subsection 44-6(d).
The County Administrator shall render a decision which the person may
appeal. pursuant to the procedures set forth in such Subsection.
Sec.44-8 Construction Methods for Placing or Maintaining Communications
Facilities in Public Rights -of -Ways.
(a) A registrant shall place and maintain its communications facility in public rights -
of -way in a manner consistent with accepted industry practice and applicable
codes -.-and must comply with the 2017 edition of the Florida Department of
Transportation Utility Accommodation Manual. For purpose of complying with
the notice and approval requirements contained within the 2017 edition of the
Florida Department of Transportation Utility Accommodation Manual, the
registrant shall provide notice and seek approval from the County Engineer. All
safety practices required by applicable codes or accepted industry practices and
standards shall be used during the placement or maintenance of communications
facilities, including but not limited to, Chapter 33 of the Florida Building Code.
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. In all cases, whether work is authorized pursuant to a permit or without a
permit pursuant to this Ordinance, a registrant shall notify the County at least 24
hours but no more than three (3) days in advance of commencing work in the
public rights -of -way consistent with the requirements of the County Rights -of -
Way Standards and Specifications. Failure to notify the County prior to
commencing work in the public rights -of -way may result in a revocation or
suspension of any permit, withholding of further permits, a stop work order, fines,
and/or other remedies.
(b) 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 F.S. Ch. 556, as it may be amended. In the event of any conflicts
with existing utilities or utility service laterals, the proposed location of the
communications facility will be adjusted, not the utility.
(c) Grounding rods and pull boxes. The grounding rod may not extend above the top
of the public right-of-way or sidewalk and must be placed in a pull box, and the
ground wire between the pole and ground rod must be inside an underground
conduit. All pull boxes shall be vehicle load bearing, comply with applicable codes
and FDOT Standard specification 635 and be listed on the FDOT Approved
Products List. A concrete pad shall be installed around all pull boxes. No new or
replacement pull boxes shall be located in pedestrian ramps, sidewalks, driveway
and/or pavement.
(d) The County may require the use of trenchless technology (i.e., directional bore
method) for the installation of facilities in the public rights -of -way. There shall be
no open trenches in the public rights -of -way unless approved by the County
Engineer. The registrant shall be solely liable for the displacement, damage or
destruction of any property, irrigation system, utility, or landscaping as a result of
the placement or maintenance of its facility within the public rights -of -way. The
County may issue such rules and regulations concerning the method for
placement or maintenance of a communications facility in public rights -of -way as
may be consistent with this Ordinance and other applicable codes and standards.
The provisions of this subsection are not intended to prevent the use of any
method of construction not specifically prescribed by this subsection, provided
that any such method has been approved by the County.
(e) In an effort to minimize adverse impacts and disruption in the public rights -of -way
and to other municipal improvements, the County may require a communications
services provider to coordinate the placement or maintenance of its facilities with
any work, construction, installation in or repairs of the subject public rights -of -way
or other facilities therein, that is occurring or is scheduled to occur within a
reasonable time from the dates) requested in the communications services
provider's permit application. The County may require a registrant to alter
reasonably its placement or maintenance schedule as necessary to minimize
disruptions and disturbance in the public rights -of -way. The County may provide
a more definite time frame based on specific County construction or maintenance
schedules. Within the public rights -of -way, every communications services
provider shall make space available in its trench and/or conduit to other
communications services providers consistent with the federal requirements of 47
U.S.C. §224. To the extent not inconsistent with applicable law, a€very
communications services provider shall utilize existing conduits, pathways and
other facilities whenever possible, and shall not place or maintain any new,
different, or additional poles, conduits, pathways or other facilities, whether in
the public rights -of -way or on privately -owned property, until written approval is
obtained from the County or other appropriate governmental authority, and,
where applicable, from the private property owner.
(f) Trees. A registrant shall not prune, remove or materially damage protected trees
during placement or maintenance of small wireless facilities, micro wireless
facility, or utility poles in the public rights -of -way. Tree removal or pruning is not
permitted within the public rights -of -way to increase signal strength or to provide
a line -of -sight for wireless facilities. Landscaping may only be damaged or
removed during placement or maintenance of communications facilities pursuant
to a permit issued by the County. The County may require that any landscaping or
trees so removed shall be replaced or mitigated in accordance with the approved
restoration plan.
(g) Restoration of public rights -of -way. A registrant shall, at its own expense, restore
the public rights -of -way to at least its original condition before such work in public
rights -of -way was initiated, subject to the County's satisfaction upon inspection.
Registrant shall warrant its restoration for a period of twelve (12) months after
completion of such restoration. If the registrant fails to make such restoration
within 30 calendar days after completion of construction, or such other time as
may be required by the County, the County may, after written notice to the
registrant, perform such restoration using County employees, agents or
contractors, and charge all costs of the restoration to the registrant in accordance
with F.S. §337.402, as it may be amended, and require reimbursement within 30
days after the submission of the invoice by the County to the registrant.
(h) Limits on excavation. To avoid continual disruption and degradation to the public
rights -of -way, an area of the public rights -of -way that has been subject to
excavation and restored shall not be subject to re -excavation until at least two (2)
years following the completion of such restoration, to the extent not inconsistent
with applicable law, unless waived by the County. Registrants seeking to place
communications facilities in the public rights -of -way through excavation are
strongly encouraged to contact other registrants and communications services
providers to coordinate the placement of communications facilities in the public
rights -of -way.
(i) Any communications facilities heretofore or hereafter placed upon, under, over,
or along any public rights -of -way that is found by the County to be unreasonably
interfering in any way with the convenient, safe or continuous use or the
maintenance, improvement, extension or expansion of such public rights -of -way
shall, upon thirty (30) days' written notice to the registrant or its agent, be
removed or relocated by such registrant at its own expense except as explicitly
provided under F.S. § 337.403. The County may waive or extend the time within
which a registrant shall remove or relocate a communications facility for good
cause shown.
(j) Removal or relocation at the direction of the County of a registrant's
communications facility in public rights -of -way shall be governed by the provisions
of F.S. §§ 337.403 and 337.404, as they may be amended. Subject to F.S. §
337.403, whenever an order of the County requires such removal or change in the
location of any communications facility from the public rights -of -way, and the
facility owner fails to remove or charge the same at its own expense to conform
to the order within the time stated in the notice, the County may proceed to cause
the communications facility to be removed. The expense thereby incurred except
as provided in F.S. §337.403(1)(a)—(c), shall be paid out of any funds available
therefor, and such expense shall be charged against the registrant of the
communications facility and levied, collected and paid to the County.
(k) Subject to F.S. §337.403, whenever it shall be necessary for the County to remove
or relocate any communications facility, the registrant of the communications
facility shall be given notice of such removal or relocation and an order requiring
the payment of the costs thereof, and shall be given reasonable time, which shall
not be less than twenty (20) nor more than thirty (30) days in which to appear
before the Board to contest the reasonableness of the order. Should the
registrant not appear, the determination of the cost to the registrant shall be final,
in accordance with F.S. § 337.404.
(1) A final order of the County shall constitute a lien on any property of the registrant
and may be enforced by filing an authenticated copy of the order in the office of
the clerk of the circuit court of the County wherein the registrant's property is
located and/or by drawing upon the registrant's fund and/or performance bond.
(m) The County retains the right and privilege to cut or move any communications
facilities located within the public rights -of -way of the County, as the County may
determine to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the County shall attempt to notify
the registrant of the communications facility, if known, prior to cutting or
removing a communications facility and shall notify the registrant of the
communications facility, if known, after cutting or removing a facility.
(n) The County shall have the right to make such inspections of facilities placed or
maintained in public rights -of -way as it finds necessary to ensure compliance with
this Ordinance. The County shall have access without charge to any manholes or
handholes at anytime, of a communications services provider in which the County
has facilities, provided the County has given such provider reasonable prior notice
so that such provider can have trained personnel present when the accesses such
manholes. Notwithstanding the foregoing, the County, in the proper exercise of
its municipal police powers and duties with respect to the public rights -of -way,
shall have access to all manholes and handholes without charge of such provider.
In the event the County determines that a violation exists with respect to
registrant's placement or maintenance of facilities in the public rights -of -way that
is not considered to be an emergency or danger to the public health, safety or
welfare, the County will provide registrant no less than three days written notice
setting forth the violation and requesting correction.
(o) Following the completion of construction to place a new or replace an existing
communications facility in the public rights -of -way, the registrant shall promptly
provide revised plans and as -built plans upon completion of any installation or
construction. The plans shall be in a digitized format, showing the two-
dimensional location of the facilities, based on the County's geographical database
or other format acceptable to the County Engineer. The registrant shall provide
such plans at no cost to the County. The County shall maintain the confidentiality
of such plans and any other information provided in accordance with F.S.
§202.195, as it may be amended.
(p) The County reserves the right to place and maintain, and permit to be placed or
maintained, sewer, gas, water, electric, storm drainage, communications, and
other 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 County in public rights -of -way occupied by the
registrant. To the extent not inconsistent with applicable law, a registrant shall
allow County facilities to be collocated within County's public rights -of -way
through the use of a joint trench during registrant's construction project. Such
joint trench projects shall be negotiated in good faith by separate agreement
between registrant and County and may be subjected to other County rights -of -
way requirements. The County 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 County and within said limits as
same may from time to time be altered.
(q) A registrant shall, on the request of any person holding a permit issued by the
County, 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 30-days advance written notice to arrange for such temporary
relocation. If the County requests a temporary raising or lowering of a facility for
a public purpose, the County shall not be charged for the temporary raising or
lowering of the facility subject to Sections 337.403 and 337.404, Florida Statutes.
(r) This Ordinance does not authorize a person to collocate or attach wireless
facilities, including any antenna, micro wireless facility, or small wireless facility,
on a privately owned utility pole, a utility pole owned by an electric cooperative
or a municipal electric utility, a privately owned wireless support structure, or
other private property without the consent of the property owner.
(s) Abandonment. Upon determination by a registrant or communications services
provider that one or more of its communications facilities in the public rights -of -
way is to be abandoned, the provider shall notify the County no later than ninety
(90) days from such determination, or no later than thirty (30) days following such
abandonment, whichever is sooner. The County may independently establish that
a communications facility has been abandoned. In reaching such determination,
the County may request documentation and/or affidavits from the
communications services provider or registrant regarding the active use of the
facility. If the provider or registrant fails to provide the requested documentation
within thirty (30) days, a rebuttable presumption shall exist that the provider or
registrant has abandoned the communications facility. Any small wireless facility,
micro wireless facility, utility pole for collocation of a small wireless facility, or
other communications facility installed within the public rights -of -way that is
abandoned shall be removed by the registrant or communications services
provider at its expense within thirty (30) days of receipt of notice from the County.
Failure to remove an abandoned facility within the thirty (30) days' period shall be
deemed to be the registrant's or communications provider's consent for the
County to remove the facility at the registrant's or provider's expense or for the
County to allow another person to remove the facility at the registrant's or
provider's expense. The communications services provider or registrant shall be
responsible for all damage to the public rights -of -way and any facilities or utilities
damaged as a result of such removal, and shall restore the public rights -of -way as
required in this subjection. If there are two (2) or more users of a single facility,
then this provision shall not become effective until all users cease using the
facility. Notwithstanding the foregoing, if the facility is attached to an existing
structure that has an independent function such as a light pole, intersection signal,
pedestrian signal, utility pole or the like, said abandonment of the facility requires
removal of the facility only and does not require the removal of the existing
structure.
Sec.44-9 Development And Objective Design Standards for the Placement Or
Maintenance of Communications Facilities In The Public -Rights -of -Way.
(a) Terms and conditions for collocation on County utility poles.
(1) The County shall not enter into an exclusive arrangement with any person
for the right to attach equipment to County utility poles. The County
reserves the right to enter into agreements for collocation on County
utility poles in its discretion. Any contractor working on a County utility
pole shall comply with the County's Rights -of -Way Standards and
Specifications, and all applicable codes, 44ektdiagand this Ordinance.
(2) Reservation of space on a County utility poles. The County hereby reserves
the top one-third of the useable space of the vertical pole component of
all County utility poles in the public rights -of -way for future public safety
uses. The County may waive the reservation of space on County utility
poles. The County may reserve additional space on County utility poles for
future public safety uses. However, a reservation of space may not
preclude collocation of a small wireless facility. If replacement of the
County utility pole is necessary to accommodate the collocation of the
small wireless facility and the future public safety use, the pole
replacement is subject to make-ready provisions and the replaced pole
shall accommodate the future public safety use. The replaced pole shall
continue to be owned by the County.
(3) The rate to collocate a small wireless facility on a County utility pole shall
be one -hundred fifty dollars ($150) per pole annually, or the highest rate
authorized by applicable law. This amount shall not be deducted from any
fees or taxes that may be due to the County. The fee shall be paid upon
the County's issuance of a permit to collocate a small wireless facility on a
County utility pole and annually on March 1, thereafter.
(4) Agreements between the County and wireless providers that were in
effect on July 1, 2017, and that relate to the collocation of small wireless
facilities in the right-of-way, including the collocation of small wireless
facilities on County utility poles, remain in effect, subject to applicable
termination provisions. The wireless provider may accept the rates, fees,
and terms established under this Ordinance for small wireless facilities and
utility poles that are the subject of an application submitted after the rates,
fees, and terms become effective.
(5) For a County utility pole that supports an aerial facility used to provide
communications services or electric service, the parties shall comply with
the process for make-ready work under 47 U.S.C. §224 and implementing
regulations. The good faith estimate of the County for any make-ready
work necessary to enable the pole to support the requested collocation
must include pole replacement if necessary.
(6) For a County utility pole that does not support an aerial facility used to
provide communications services or electric service, the County may
provide a good faith estimate for any make-ready work necessary to
enable the pole to support the requested collocation, including necessary
pole replacement, within 60 days after receipt of a complete application.
Make-ready work, including any pole replacement, must be completed
within 60 days after written acceptance of the good faith estimate by the
applicant. Alternatively, the County may require the applicant seeking to
collocate a small wireless facility to provide a make-ready estimate at the
applicant's expense for the work necessary to support the small wireless
facility, including pole replacement, and perform the make-ready work. If
pole replacement is required, the scope of the make-ready estimate is
limited to the design, fabrication, and installation of a utility pole that is
substantially similar in color and composition. The County may not
condition or restrict the manner in which the applicant obtains, develops,
or provides the estimate or conducts the make-ready work subject to usual
construction restoration standards for work in the right-of-way. The
replaced or altered utility pole shall accommodate the County's equipment
and intended function and shall remain the property of the County, subject
to the County's acceptance of the replaced or altered pole that complies
with these requirements.
(7) The County may not require more make-ready work than is required to
meet applicable codes or industry standards. Fees for make-ready work
may not include costs related to pre-existing damage or prior
noncompliance. Fees for make-ready work, including any pole
replacement, may not exceed actual costs or the amount charged to
communications services providers other than wireless services providers
for similar work and may not include any consultant fee or expense.
(8) A collocation of a small wireless facility on a County utility pole shall
comply with all applicable codesthis Ordinance, and shall not
compromise the County utility pole's finish, functionality, or structural
integrity particularly with respect to vulnerability to high velocity wind
conditions and environmental conditions. Any modifications or
collocation on a County utility pole must meet the most current wind
loading requirements, including a factor of safety for future signal
modification.
(9) A collocation of a small wireless facility on a County utility pole shall not
affect the County's ability to remove or to replace the pole in its sole
discretion. Within thirty (30) days after receiving notification that the
County intends to remove or to replace the utility pole, the registrant shall
remove its collocated small wireless facility at its cost.
(b) Location context and public safety regulations. A proposed communications
facility shall comply with the following location context requirements unless
waived by the County.
(1) A registrant shall comply with and abide by all applicable provisions of the
state law and County ordinances, applicable codes and regulations and
applicable provisions of federal statutes, FCC regulations and PSC
regulations in placing or maintaining a communications facility in the
public rights -of -way. Wireless facilities shall be considered to be structures
under the Florida Building Code, Building Risk Category IV, Structures,
Chapter 16 Section 1620 —1621, High Velocity Hurricane Zone Area.
(2) All communications facilities shall be placed and maintained so as not to
interfere with, create any safety hazard, or create a visual obstruction to
the traveling public's use of the public rights -of -way or the use of bicycle
lanes, sidewalks, greenways or multipurpose trails. Unless required by
applicable codes, communications facilities placed or maintained in the
public rights -of -way shall not contain signage. To the extent not
inconsistent with applicable codes, a registrant shall include its name and
contact information on utility poles for collocation of small wireless
facilities and ground mounted communications facilities placed or
maintained in the public rights -of -way.
(3) For public safety purposes, aboveground communications facilities,
including but not limited to, small wireless facilities, micro wireless
facilities and utility poles for collocation of small wireless facilities, shall
not be placed or maintained on multipurpose trails.
(4) Communications facilities shall be placed between the property line and
the curb line of a street, with a preference that such facilities be placed
close to the property line, and shall not be located within a clear zone.
(5) All communications facilities shall be placed and maintained so as not to
cause unreasonable interference with the rights and convenience of
property owners who abut any of the public rights -of -way. By way of
example, the placement or maintenance of a communications facility in
the public rights -of -way shall not cause excessive noise levels in violation
of Chapter 28, Article V, Noise Control, of the County Code, based upon
the District of the adjacent property, shall not impede ingress and egress
to adjacent property, materially block views from or into a business or
residence, or materially block visibility of address or other signage on
abutting properties.
(6) A registrant shall not place or maintain its communications facilities to
interfere, displace, damage or destroy any facilities, including but not
limited to, sewers, gas or water mains, storm drains, pipes, cables or
conduits of the County or any other person's facilities lawfully occupying
the public rights -of -way of the County.
(7) The County may prohibit or limit the placement of new or additional
communications facilities within the public rights -of -way if there is
insufficient space to accommodate all of the requests to place and
maintain facilities in that area of the public rights -of -way, to safely
accommodate additional installations at any location, for the protection of
existing facilities in the public rights -of -way, or to accommodate County
plans for public improvements, other approved capital improvements
projects as part of the County Comprehensive Plan, the Transportation
Planning Organization projects (TPO), Transportation Improvement
Program (TIP), Capital Improvement Program, as they may be amended or
projects the County determines are in the public interest.
(8) Facilities to be installed underground.
(a) All facilities shall be subject to the County's non-discriminatory
undergrounding requirements that prohibit above -ground
structures in the public rights -of -way. All communications facilities
shall be placed underground, to the extent that utilities other than
fire hydrants, including electric and communications utilities, are
required to be located underground. To the extent required by
applicable PSC rules and regulations or court order, a registrant
shall install its facilities underground. Additionally, a registrant
shall endeavor to place all facilities underground unless prevented
from doing so by existing technology or by the physical
characteristics of the installation location. On streets where
electrical or communications utility wiring is located underground,
either at the time of initial construction of a cable system or at any
time thereafter, a certificateholder pursuant to Section 610.104,
Florida Statutes, shall also locate its cable underground at its
expense, except that a certificateholder shall be reimbursed for
expense to the same extent as are utilities. Between a street and
a subscriber's residence, a certificateholder's cable must be located
underground if both electrical and communications utility wiring
are located underground.
(b) A permit from the County does not create any right to place or to
maintain utility poles for the collocation of small wireless facilities
or collocated wireless facilities including small wireless facilities on
utility poles when electric and communications utilities in the
location of the proposed facility are required to be installed
underground.
(c) Wireline fiber or coaxial backhaul facilities for small wireless
facilities shall be installed underground consistent with applicable
codes, unless waived by the County.
(d) Small wireless facilities and utility poles intended to support the
collocation of a small wireless facility in the public rights -of -way
shall not be placed in locations subject to the County's
nondiscriminatory undergrounding requirements that prohibit
aboveground utilities in the public rights -of -way. Any such
requirements may be waived by the County. For purposes of this
subsection, adoption of a final resolution by the Board of County
Commissioners shall constitute an undergrounding requirement
over any area of the public rights -of -way. This subsection does not
apply to the installation, placement, maintenance, or replacement
of micro wireless facilities on any existing and duly authorized
aerial communications facilities, provided that if the County
notifies the registrant of the micro wireless facility that aerial
communications or electric distribution utilities will be converted
to underground utilities, the registrant shall remove its micro
wireless facility at its expense within the time frame required by
the County. In addition, no utility poles for the collocation of small
wireless facilities, micro wireless facilities, small wireless facilities,
or collocated small wireless facilities on utility poles shall be placed
in a location in the public rights -of -way where the Board has
determined that existing above ground electric and
communications utilities in such location should be removed and
relocated underground. The presence of small wireless facilities or
micro wireless facilities shall not be a basis not to comply with the
County's requirements to convert above ground utilities to
underground. To comply with the County's undergrounding
requirements, a registrant shall remove its small wireless facilities,
micro wireless facilities, and utility poles for collocation of small
wireless facilities at its expense, subject to applicable law, within
sixty (60) days of being notified by the County that such facilities
must be removed. The County shall have the right to remove such
facilities at the registrant's expense if the registrant fails to do so.
For small wireless facilities installed before the County adopts
requirements that public utility lines must be placed underground,
the County, in its discretion, shall: (a) allow a wireless provider to
maintain the small wireless facility in place subiect to any
applicable pole attachment agreement with the pole owner; or (b)
allow the wireless provider to replace the associated pole within 50
feet of the prior location in accordance with the obiective design
standards contained within this Ordinance.
(e) Notwithstanding the provisions of this subsection, the County ma
approve a permit for a new utility pole for collocation of a small
wireless facility in an area where all public utility lines must be
placed underground, if a wireless provider satisfies the following:
1. The wireless provider provides information from a licensed
engineer that the County has not allowed structures to
remain above ground that are reasonably available to the
wireless provider for the collocation of small wireless
facility and that may be replaced by a wireless provider to
accommodate the collocation of small wireless facilities;
2. The proposed utility pole otherwise complies with this
Ordinance; and
3. The wireless provider provides information from a licensed
engineer that it is not reasonably able to provide wireless
service by collocation on a remaining utility pole or other
structure in the rights -of -way.
(9) Prohibition against placement in violation of OSHA or NESC or NERC
rules and regulations. Communications facilities, including but not
limited to small wireless facilities and utility poles for the collocation of
small wireless facilities shall not be placed in a location which violates
rules and regulations set by Occupational Safety and Health
Administration or the National Electrical Safety Code or the North
American Electric Reliability Corporation standards. By way of example
and not limitation, a small wireless facility or utility pole intended to
support the collocation of a small wireless facility may not be placed within
a ten (10) foot radius of an electric distribution facility or within a twenty
(20) foot radius of an electric transmission line.
(10) No communications facilities, including but not limited to small wireless
facilities or utility poles for the collocation of small wireless facilities shall
be placed or maintained in any location that is subject to or that would
interfere with the County's maintenance and operations plan of
stormwater facilities as described in the Comprehensive Plan, as it may be
amended, unless waived by the County.
(11) Prohibition against placement within a location subject to homeowners'
association restrictions. Small wireless facilities shall not be placed in a
location subject to covenants, restrictions, articles of incorporation, or
bylaws of a homeowners' association unless specifically authorized by the
homeowners' association. For purposes of this subsection, a location in
a public right-of-way that abuts parcels within a homeowners'
association on both sides of its width shall be considered a location
subject to covenants, restrictions, articles of incorporation, or bylaws of
such homeowners' association. This subsection shall not apply to limit
the installation, placement, maintenance, or replacement of micro
wireless facilities on any existing and duly authorized aerial
communications facility.
(12) Placement in relation to adjacent uses of property and building facades
thereon. Where parking and/or loading spaces are not permitted between
a building fagade and the corresponding property line (i.e. front fagade and
front property line, side street fagade and side street property line) by
design standard, or such spaces do not exist in those locations on existing
properties, new communication facilities and new utility poles for
collocation of small wireless facilities shall be placed in -line with the
common, interior side lot lines and shall not be placed in -line with the
front/principal facade of a residence, place of business, or any other
principal use building located on property that abuts the public -rights -of -
way.
(13) Placement within a scenic or gateway corridor. Unless otherwise
authorized by a franchise agreement or for public safety purposes, no new
wireless facilities, small wireless facilities or new utility poles for
collocation of small wireless facilities shall be placed within a designated
scenic or gateway corridor, as described in the County Comprehensive
Plan, unless waived by the County. No backhaul facilities shall be located
within this area unless approved by the County. The purpose and intent
of the designations is to protect these corridors into and through the
County. The following roadway is a designated corridor:
(a) Indian River Drive
(14) Specific districts and community redevelopment agency areas. Placement
or maintenance of communications facilities within the public rights -of -
way within a community redevelopment agency (CRA) or specific district
shall comply with any applicable regulations and design standards for such
CRA or district, as applicable.
(15) A structure granted a permit and installed pursuant to this Ordinance shall
comply with Chapter 333, F.S., and state and federal regulations pertaining
to airport airspace protections.
(16) Historic preservation. This Ordinance does not limit the County's authority
to enforce historic preservation zoning regulations consistent with the
preservation of local zoning authority under 47 U.S.C. §332(c)(7), the
requirements for facility modifications under 47 U.S.C. §1455(a), or the
National Historic Preservation Act of 1966, as amended, and the
regulations adopted to implement such laws on or before April 1, 2017.
Communications facilities shall not be collocated on nor interfere with
historic property or landmark that may be within or adjacent to the public
rights -of -way unless waived by the County. Small wireless facilities, utility
poles for the collocation of small wireless facilities and micro wireless
facilities shall not be located in a manner that would impact negatively
historic property unless waived by the County. Historic properties may be
so designated as being listed in the National Register of Historic Places
pursuant to the National Historic Preservation Act of 1966, as amended, a
property within a National Register -listed district, or individually listed in
the County Register of Historic Places, pursuant to County ordinance or
County Land Development Code, Chapter IV Sections 4.11.00 et seq.,
entitled Historic Preservation.
(c) Objective design standards.
(1) Intent and purpose. Small wireless facilities in the public rights -of -way and
utility poles installed or repurposed in the public rights -of -way for
collocation of small wireless facilities shall be designed in such a manner to
maximize compatibility with the surrounding neighborhood and to
minimize any negative visual impact on the surrounding neighborhood.
The objective design standards contained in this Ordinance regulating the
location context, color, stealth design, and concealment of the proposed
small wireless facility shall apply, unless waived by the County.
(2) Applicants shall not place or maintain signage on communications
facilities, including small wireless facilities or utility poles for collocation of
small wireless facilities, in public rights -of -way, unless otherwise required
by federal or State law, provided; however, existing structures that
lawfully supported signage before being repurposed may continue to
support signage as otherwise permitted by law.
(3) A small wireless facility shall not have any type of lighted signal, lights, or
illuminations unless required by applicable codes, local codes or
regulations, a permit issued by the County, or state and federal laws and
regulations or as permitted by the County.
(4) Stealth design for new or replaced utility poles for collocation of small
wireless facilities. All proposed new or replaced utility poles for collocation
of small wireless facilities shall meet the design standards contained in this
subsection unless waived by the County.
(a) A replaced or restructured utility pole to accommodate the
collocation of a small wireless facility shall be located substantially
within the same location as the original utility pole and the original
utility pole must be removed unless waived by the County.
(b) The replaced or restructured utility pole shall be substantially
similar in finish, design and composition as the original pole being
replaced, unless the County requires a different design, color or
composition to be consistent with County standards for new utility
poles.
(c) Unless waived by the County, the height for a new utility pole or
replaced utility pole installed pursuant to this Ordinance shall not
exceed the height of the tallest existing utility pole as of July 1,
2017, in the same right-of-way, measured from grade, in place
within 500 feet of the proposed location of the small wireless
facility. If there is no utility pole within 500 feet in the same public
right-of-way as of July 1, 2017, the height shall be limited to 50 feet
measured from grade. Height shall include only the height of the
utility pole and shall not include any light, antennas, masts or other
attachments to the utility pole. This subsection does not authorize
the installation of a new utility pole for collocation of a small
wireless facility if the proposed location is subject to the County's
location context regulations.
(d) A new utility pole shall be designed to blend in with the
predominant type of other utility poles at the proposed location in
the same block or vicinity of the public rights -of -way. By way of
example, if existing utility poles in the same area of the public
rights -of -way are light poles, the new utility pole should be
designed consistent with such light poles and to the extent
consistent with location context regulations, equidistant between
existing poles. Unless waived by the County, any such stealth utility
pole for collocation of a small wireless facility shall function in the
same manner as the facility it is intended to resemble in
compliance with the County Code, at the expense of the registrant
unless prohibited by applicable law. By way of example, if a
registrant installs a utility pole for collocation small wireless facility
to resemble a nearby light pole, it is encouraged that the facility
include a light that is operated in the same manner as other light
poles, at the applicant's expense.
(e) The design of the base of a new or replaced utility pole shall match
the base of adjacent utility poles within the public rights -of -way.
(f) The color finish of a new utility pole shall match the color finish of
adjacent utility poles within the public rights -of -way.
(g) If there are no existing utility poles in close proximity to a new
utility pole for collocation to resemble, the new utility pole shall be
designed to match a utility pole previously approved by the County.
(5) Stealth design for collocation of small wireless facilities.
(a) Wires, cables and equipment to be collocated on a utility pole
shall be within the utility pole or if not possible to being
installed within the utility pole, covered with a shroud. No
exposed wires or cables are permitted.
(b) If the utility pole for the proposed collocation of a small wireless
facility is a light pole, a street light fixture substantially similar in
design to the existing street light fixture shall be used to
camouflage the small wireless facility such as through replacement
of the cobra head with a new cobra head containing the small
wireless facility, or a side -mounted light may be replaced with a
substantially similarly designed side mounted light containing the
small wireless facility. Unless consistent with the design of
the utility pole, a small wireless facility shall not be collocated
on a mast of a utility pole. In no event shall a small wireless
facility be collocated on the mast of a pole that serves as a
traffic signal pole. Any street light fixture installed by the
registrant shall be maintained in good working order by the
registrant at its cost.
(c) Slim design shall be used wherein the top mounted antenna or
small wireless facility does not exceed the diameter of the
supporting utility pole by more than twelve (12) inches at the level
of its attachment, and side mounted enclosures, if any, do not
extend more than thirty (30) inches beyond the exterior
dimensions of the existing structure, repurposed structure or
utility pole at the level of attachment measured from the edge of
the pole to the outermost surface of the attachment.
(d) Maximum height restrictions. A small wireless facility, including
any attached antennas, shall not exceed ten (10) feet above the
existing structure, repurposed structure or utility pole upon which
the small wireless facility is to be collocated. A small wireless
facility in the public rights -of -way shall not be used for the
attachment of any communications facilities or fiber other than the
equipment included within the small wireless facility.
(6) Small wireless facilities not collocated on utility poles or existing structures.
u Ground -mounted small wireless facilities greater than 6 cu. ft. but
not greater than 28 cu. ft. in dimension shall be located within a
ten (10) foot radius of the existing structure or utility pole for
the collocated small wireless facility. Gre-u d- me-up+^d- s..-ll
a1frti-rea�6°,,4,1.,spaeong ..f at 1�,,.+ +,.,., (Inn) 4„�.,. red F.,.,+ frem
u The ground -mounted small wireless facility shall be architecturally
designed and of the same materials and color finish to resemble
other at -grade public rights -of -way infrastructure such as waste
receptacles or utility facilities in the public rights -of -way.
u To the extent not inconsistent with applicable codes, at the
County's direction, ground mounted small wireless facilities shall
be enclosed in a wrap that has been approved by the County's
Administrator. The registrant shall maintain the wrap in good
condition at its sole cost and expense.
u To the extent not inconsistent with applicable codes, at the
County's direction the registrant owner of a ground mounted small
wireless facility in the public rights -of -way shall conceal the facility
with landscaping and plantings. Landscaping and plantings
pursuant to this subsection shall be subject to the County's
approval and be maintained by the registrant at its sole cost and
expense consistent for so long as the small wireless facility remains
in the public rights -of -way.
(e) The County Administrator is authorized to create a manual showing
figures of acceptable and unacceptable designs for facilities to be
placed or maintained in the public rights -of -way.
(7) Development standards for communications facilities other than aerial
wireline facilities, small wireless facilities and utility poles for collocation
of small wireless facilities.
ll Dimensional limits. No communications facility located
aboveground, excluding utility poles, having exterior dimensions
greater than four feet high, by four and one-half feet long, by two
and one-half feet wide, or having a total volume exceeding 45 cubic
feet, shall be granted a permit for construction or installation nor
shall be constructed within the corporate limits of the County on
any public rights -of -way unless:
u The communication service provider can properly
demonstrate in its permit application for placement of
communication facilities in the public rights -of -way that
strict compliance with the dimensional limits in this
subsection will prevent the communications service
provider from installing, constructing, maintaining, or
providing its communications network; and
(2) The communication service provider demonstrates in its
permit application that the proposed communications
facilities it desires to construct which exceeds the
dimensional limits set forth above in this subsection are
necessary to provide adequate capacity to meet the
requirements of the applicant at a specific location, or that
said limits are otherwise technologically infeasible at the
location, and that the proposed equipment the service
provider desires to utilize is of the minimum size available
to meet the requirements of the applicant's
communications network; and
ll The communications service provider demonstrates in its
permit application that the proposed communications
facilities are located and composed in a manner to minimize
adverse impacts to abutting properties and the surrounding
neighborhood and does not create a hazard by impairment
of visibility to motorists or pedestrians at the proposed site
and does not negatively impact or violate location and
other regulations contained in this Ordinance: and
(4) The communications facilities proposed by the
communications provider does not otherwise create a
hazard to the public health, safety and welfare
u Notice to residential areas. Whenever a communications service
provider subject to this subsection (7) submits a permit application
to locate communications equipment which exceeds the
dimensional limits in this subsection within residentially -zoned
districts in the County, the applicant shall provide notice by posting
an 18" x 24" sign, satisfactory to the County, at the proposed
location advising residents that they may review the permit
application at the County and provide their comments to the
County. The sign shall be posted a minimum of 14 days prior to any
decision being made on the permit application to allow adequate
time for input by residents and so as not to unduly delay the
processing of any application, with verification provided to the
County.
Sec. 44-10. Fees and Taxes for Access to Public Rights -of -Way.
(a) A registrant that places or maintains communications facilities in the public rights -
of -way shall be required to pay fees and taxes as required by applicable law and
ordinances of the County, including this Ordinance.
(b) Pass -through providers shall pay to the County on an annual basis an amount
equal to five hundred dollars ($500.00) per linear mile or portion thereof of
communications facilities placed and/or maintained in the public rights -of -way.
The amounts charged pursuant to this Ordinance shall be based on the linear miles
of public rights -of -way or portion thereof, where communications facilities are
placed, not based on a summation of the lengths of individual cables, conduits,
strands or fibers.
(c) The County shall discontinue charging pass -through provider fees to a person that
has ceased being a pass -through provider. Any annual amounts charged shall be
reduced for a prorated portion of any 12-month period during which the pass -
through provider remits communications services taxes imposed by the County
pursuant to Chapter 202, F.S., as amended.
(d) The initial amount of pass -through provider fees shall be paid prior to issuance of
a permit to a pass -through provider based on the facilities authorized to be
installed in the public rights -of -way pursuant to the permit. The amount due may
be modified based upon the as-builts submitted by the pass -through provider.
Subsequent annual payments of pass -through provider fees shall be due and
payable on March 1 of each year. Fees not paid within ten (10) days after the due
date shall bear interest at the rate of one (1) percent per month from the date due
until paid. The acceptance of any payment required hereunder by the County shall
not be construed as an acknowledgement that the amount paid is the correct
amount due, nor shall such acceptance of payment be construed as a release of
any claim which the County may have for additional sums due and payable. All
fee payments shall be subject to audit by the County, and assessment or refund if
any payment is found to be in error. If such audit results in an assessment by and
an additional payment to the County, such additional payment shall be subject to
interest at the rate of one (1) percent per month until the date payment is made.
The County shall require a pass -through provider to provide an annual notarized
statement identifying the total number of linear miles of pass -through facilities in
the County's rights -of -way. Upon request from the County, limited to no more
than once annually, a pass -through provider must provide reasonable access to
maps of pass -through facilities located in the rights -of -way of the County. The
scope of the request shall be limited to only those maps of pass -through facilities
from which the calculation of the linear miles of pass -through facilities in the
public rights -of -way can be determined. The request shall be accompanied by an
affidavit that the person making the request is authorized by the County to review
tax information related to the revenue and mileage calculations for pass -through
providers.
(e) If the payments required by this Ordinance are not made within ninety (90) days
after the due date, the County may withhold the issuance of any permits to the
registrant until the amount past due is paid in full, in addition to any other
remedies available pursuant to this Ordinance and applicable law, including but
not limited to drawing upon a registrant's fund and/or performance bond.
(f) To the extent consist with applicable law, the County shall not charge fees for
registrations and permits pursuant to this Ordinance.
Sec. 44-11. Enforcement Remedies.
(a) Nothing in this Ordinance shall affect or limit the remedies the County has
available under applicable law. In addition to any other remedies available at law,
including but not limited to F.S. §§166.0415(municipalities) and Ch. 162,
(municipalities and counties), or equity or provided in this Ordinance, the County
may apply any one or combination of the following remedies in the event a
registrant violates this Ordinance, or applicable local law or order related to the
public rights -of -way.
(b) In addition to the County's ability to terminate a registration pursuant to this
Ordinance or to deny, suspend or revoke permits pursuant to this Ordinance, the
failure to comply with the provisions of this Ordinance or other law applicable to
occupants of the public rights -of -way may result in imposition of penalties to be
paid by the responsible person to the County in an amount of not less than
$250.00 per day or part thereof that the violation continues, or $500.00 per day
or part thereof that repeat violations continue. A registrant's or person's failure
to obtain a permit before commencing work, except where a permit is not
required pursuant to this Ordinance, may result in imposition of penalties to be
paid to the County in an amount of not less than $500.00 per day or part thereof
that the violation continues.
(c) In addition to or instead of any other remedy, the County may seek legal or
equitable relief from any court of competent jurisdiction.
(d) Before imposing a fine, the County shall give written notice of the violation and its
intention to assess such penalties, which notice shall contain a description of the
alleged violation. Following receipt of such notice, except for matters that affect
the health, welfare or safety of the public, the person shall have ten (10) business
-3A days to either:
L Cure the violation to the County's satisfaction, and the County shall
make good faith reasonable efforts to assist in resolving the
violation; or
ii. File an appeal with the County to contest the alleged violation
pursuant to this Ordinance, which shall govern such appeal. If no
appeal is filed and if the violation is not cured within the 30-day
period, the County may collect all fines owed, beginning with the
first day of the violation, through any means allowed by law.
(e) In determining which remedy or remedies are appropriate, the County shall take
into consideration the nature of the violation, the person or persons bearing the
impact of the violation, the nature of the remedy required to prevent further
violations, and such other matters as the County determines are appropriate to
the public interest.
(f) Failure of the County to enforce any requirements of this Ordinance shall not
constitute a waiver of the County's right to enforce that violation or subsequent
violations of the same type, or to seek appropriate enforcement remedies.
(g) In any proceeding before the County where there exists an issue with respect to a
registrant's performance of its obligations pursuant to this Ordinance, the
registrant shall be given the opportunity to provide such information as it may
have concerning its compliance with the terms and conditions of this Ordinance.
The County may find a registrant that does not demonstrate compliance with the
terms and conditions of this Ordinance in default and apply any one or
combination of the remedies otherwise authorized by this Ordinance.
(h) Force majeure. In the event a registrant's performance of or compliance with any
of the provisions of this Ordinance is prevented by a force majeure cause or event
not within the registrant's control, such inability to perform or comply shall be
deemed excused and no penalties or sanctions shall be imposed as a result,
provided, however, that such registrant uses all practicable means to cure or
correct any such inability to comply expeditiously.
PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affects its applicability to any other
person, property or circumstance.
PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St.
Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed
forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State,
The Capitol, Tallahassee, Florida, 32304.
PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Secretary of
State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Cathy Townsend, Chair AYE
Commissioner Chris Dzadovsky, Vice Chair AYE
Commissioner Frannie Hutchinson AYE
Commissioner Linda Bartz AYE
Commissioner Sean Mitchell AYE
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the County Code and the word
"ordinance" may be changed to "section", "article" or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B to I shall not be codified.
PASSED AND DULY ADOPTED this 14T" day of January 2020.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
B
Chai
APPROVED S
BY:
County
FORM AND CORRECTNESS:
by."by."M Big V w galag ,
RON DESANTIS
Governor
January 21, 2020
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Alice Sennott
Dear Mr. Smith:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 20-001, which was filed in this office on January 21,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us