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HomeMy WebLinkAbout25-015 ORDINANCE NO. 25-015 AN ORDINANCE AMENDING THE ST. LUCIE CODE; REPEALING CHAPTER 36-1, ROADS AND BRIDGES, ARTICLE I "IN GENERAL"; CREATING CHAPTER 36-1, ROADS AND BRIDGES, ARTICLE I "IN GENERAL"; INCLUDING CREATION OF SECTIONS 36-1 THROUGH 36- 14, ESTABLISHING PURPOSE, THE APPLICABILITY OF THE CHAPTER; ESTABLISHING DEFINITIONS, RIGHT OF WAY PERMIT APPLICATION AND REVOCABLE LICENSE AGREEMENT REQUIREMENTS; AUTHORIZING THE PUBLIC WORKS DIRECTOR, OR HIS OR HER DESIGNEE TO REVIEW, ISSUE OR REVOKE RIGHT OF WAY PERMIT APPLICATIONS AND REVOCABLE LICENSE AGREEMENTS, PROVIDING FOR EXEMPTIONS FROM PERMITTING AND EMERGENCY PERMIT EXEMPTIONS, PROVIDING FOR THE COLLECTION OF FEES, ESTABLISHING PROHIBITED ACTIVITIES AND PENALTIES AND FOR THE REMOVAL AND ABANDONMENT OF FACILITIES, ESTABLISHING PERMITTEE QUALIFICATIONS, DEFINING INSTALLATION, CONSTRUCTION, AND RESTORATION OF RIGHT OF WAY REQUIREMENTS, AND ESTABLISHING AN APPEALS PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. RECITALS WHEREAS, on March 21, 1978, the Board of County Commissioners ("Board") adopted Ordinance No. 78-3, which established procedures for prohibiting the erection of any signs or structures within the right-of-way limits of any public Roads in the unincorporated areas of St. Lucie County except State maintained Roads; and WHEREAS, on June 1 , 2021 , the Board adopted Ordinance No. 21-013, which provided for the County Administrator or his designee to have the authority to direct removal of any such signs or structures from County Rights of Way and created an appeals procedure; and WHEREAS, on February 21, 2023, the Board adopted Ordinance No. 23-003, which removed references to signs since sign regulations are now covered in the Land Development Code in Chapter IX and allowed for exceptions to the prohibition in the form of a license agreement of the Board of County Commissioners, a County permit, or other specific legal authority; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY TILE# 5510527 07/30/2025 12:08:36 PM DR BOOK 5346 PAGE 2982-2998 Doc Type:ORDN RECORDING: $146.00 1 WHEREAS, Section 125.42, Florida Statutes, authorizes the Board to grant a license to install water, sewage, gas, power, telephone, other utility and telephone lines within County Rights of Way; and WHEREAS, it is appropriate for the Board to amend Chapter 36 to codify Right of Way Permit requirements and to codify the delegation of authority to the Public Works Director, or his/her designee, to issue Right of Way Permits and enter into Revocable License Agreements; and WHEREAS, the Board has determined that adoption of this Ordinance is necessary to promote and protect the public health, safety, and welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 1. Chapter 36, "Roads and Bridges" of the St. Lucie Code, Article 1 "In General" is repealed in its entirety. ARTICLE I. IN GENERAL Sec. 36 1. - Erection of structures within Right of Way without permission prohibited; removal. {a) No person, as defined in F.S. § 1.01(3), shall erect any structures, including but not limited to permanent and temporary buildings, fences, or other objects constructed or erected on the ground, attaching to something having location on the ground or requiring construction or erection on or under the ground, within the Right of Way limits of any -C ntyexcept state maintained roads unless otherwise authorized by written license agreement of the board of County commissioners, a County permit, or other specific legal authority. (b) The County administrator or designee of said County shall have the authority to direct removal of any such structures. However, in the event the structure bears thereon the name of the owner, no such structure shall be removed until the owner thereof, as shown thereon, shall have received 30 days' written notice that unless such structure is removed within such 30 day period, it will be removed by the County. (c)Appeals. Any aggrieved party may appeal a final administrative order of the County administrator or designee to the circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record cr ated before the County administrator or designee. An appeal shall be filed within 30 days of the execution of the admin-i-strative order to be appealed. 2 (d) Installation of mailboxes in asssi4anse with the United States Postal Service 2. Chapter 36 "Roads and Bridges" Article 1 "In General" is created as follows: ARTICLE 1.-IN GENERAL Section 36-1. Purpose The purpose of this Article is to establish regulations governing activities taking place in County Rights of Way or easements. Such regulations are necessary to promote the public health, safety, and welfare of the citizens of St. Lucie County. Section 36-2. Applicability. The regulations in this Article shall apply to all private contractors, private citizens, utility companies, municipalities, and to any person or group proposing to install, construct, maintain, or repair any Facility within any of the existing or planned County Rights of Way excluding the placement of, or maintenance of, communications facilities in the County's Rights of Way pursuant to County Code Chapter 44. This Article shall apply to and be enforced in all areas of County jurisdiction, including County Rights of Way located in a municipality. Section 36-3. Definitions. The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Abandoned shall mean a Facility located in the Right of Way that is no longer functional, useful, or is in a persistent state of disrepair as determined by the County. Abut or Abutting shall mean a lot or parcel of land or Right of Way that shares all or apart of a common lot line or boundary line with another lot or parcel of land or public Right of Way. Adjacent Property Owner shall mean the owner of real property abutting the County's Right of Way. Drainage Easement shall mean land in which the public or the County has an easement devoted to, planned, proposed, or required for use as a public drainage system. 3 Emergency Repairs shall mean work necessary to protect and preserve life and property of inhabitants of the County. Facility/Facilities shall mean a Structure(s) which has been or is being placed and maintained along, across, on or under any public Right of Way or public easement within the jurisdiction of the County, including, but not limited to: any electric lines, telephone lines, cables, poles, ditches, sewers, water lines, gas lines, wells, fences, gasoline tanks and pumps, irrigation, landscaping, signage, or specialty paving. Permittee shall mean the individual or entity to which a Right of Way Permit, Driveway Permit, or Revocable License Agreement has been granted. Right of Way shall mean land in which the County owns the fee or has a platted or conveyed easement devoted to, or required for, use by the public. Right of Way Permit/Permit shall mean the permit issued to an Adjacent Property Owner to install, construct, or replace an improvement in a County Right of Way, typically issued to/for utilities and/or commercial developer improvements along a Road. Revocable License Agreement/License Agreement shall mean an agreement, between the County and Adjacent Property Owner, which grants a right to the Abutting Property Owner for the use of County's Right of Way (typically a drainage or utility easement) to allow for the placement of an approved Facility that would encroach on the County's Right of Way, that may be terminated by the County. Road(s) shall mean streets, sidewalks, alleys, highways, and other ways opened or unopened to travel by the public, including the Roadbed, Right of Way, and all culverts, drains, sluices, ditches, water storage areas,waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel. Structure shall mean any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes "building," as well as other things constructed or erected on the ground, attached to something having location on the ground or requiring construction or erection on or under the ground. Section 36-4. Permit or License Agreement Required. (a) This Chapter establishes the mandatory permitting and authorization procedure for any work performed within County Rights of Way. This will apply to all underground, surface, or overhead work to be done within the County Rights of 4 Way; included is work within the travel way, paved areas, unpaved areas, areas between the pavement or travel way. (b) A Permit or License Agreement for the proposed work must be obtained before any work is performed in or on the County's Rights of Way. (c) An application for the appropriate Permit or License Agreement, depending on the nature and/or location of the proposed improvement, on a form provided by the County is required. Except for franchised utility companies, all Permits for construction and improvements shall require payment of a fee at the time of application. (d) The Public Works Director, or his/her designee, is authorized to collect fees, receive, review, and issue/deny Permits and License Agreements. (e) The County has no duty to maintain, restore, or replace Facilities placed in the County's Right of Way pursuant to a Permit or License Agreement. Sec. 36-5. Legal Status. (a) Permits and License Agreements issued by the County pursuant to this Article constitute a license for permissive use only and may be revoked by the County. The placement of Facilities upon a public Right of Way pursuant to a Permit or License Agreement issued pursuant to this Section does not operate to create or to vest any property rights in the Permittee and does not relieve the Permittee of the need for obtaining any other permits or approvals that may be required by other Federal, State, or Local authorities. (b) The rights and privileges in this Article are granted to the Permittee only and only to the extent defined in the Permit or License Agreement. The Permittee assumes all risks of, and agrees to defend the County from and against, all loss, damage, costs, or expense arising in any manner on account of the exercise or attempted exercise by the Applicant of the rights granted under the Permit or License Agreement. (c) The Permittee's activities in the County's Right of Way shall not interfere with or encroach upon the property or rights of a prior permitted occupant of the Right of Way and shall not unnecessarily restrict the activities of the public. Section 36-6. Fees. (a) The Board may set, by resolution, fees that are reasonably required to cover the cost of processing applications. (b) If work in the Right of Way occurs without an approved Permit or License Agreement, the violator(s) shall be required to pay double (2x) the regular fee for the application appropriate for that activity, in addition to any code violation penalties. Section 36-7. Prohibited Activities and Penalties. 5 (a) It shall be unlawful for any person to obstruct, close, improve, or damage Facilities in a County Right of Way; or impair use of the Right of Way, easement, or County land by the parking, placement of vehicles, debris, fill, vegetation or other Structures in the County owned land, Right of Way, or easements without a Permit or License Agreement. (b) Any person altering any County Road or easement may be required to either restore the Right if Way to its original condition or pay the County to restore the Road or easement to its condition prior to the damage. (c) The County may enforce the provisions of this Chapter by injunctive and/or declaratory relief in the circuit court or through code enforcement. Failure of the County to enforce any requirement of this Chapter does 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. Section 36-8. Removal. (a) The County shall provide thirty (30) days' notice to an Adjacent Property Owner of unpermitted Facilities in the County's Right of Way prior to removal when practicable. (b) The Adjacent Property Owner must remove the Facility or obtain the proper Permit or License Agreement. If the Adjacent Property Owner fails to obtain a Permit or License Agreement within thirty (30) days the County will remove the Facility and may impose the cost (if any) of the removal on the Adjacent Property Owner. (c) The Public Works Department may immediately remove any Facilities from the County's Right of Way if necessary to protect public safety, to perform repairs to County infrastructure, or to prevent imminent damage/danger. The County shall give reasonable notice of the removal or repair to the Adjacent Property Owner when practicable. (d) The Public Works Director, or his or her designee, shall have the authority to repair damage to the Right of Way and to impose the cost of the repair/removal of any Facility to the Adjacent Property Owner or other person causing the damage as appropriate. Section 36-9. Abandoned Facilities (a) A Permittee may not Abandon a Facility located in the public Right of Way without the prior approval of the County Engineer. The Permittee will be required to remove all or any portion of such abandoned Facility, at the Permittee's sole expense. (b) If a Permittee fails, within a reasonable period of time, to remove all or any portion of an Abandoned Facility after notification by the County, the County may perform such removal and recover the costs of removal from the Permittee. Section 36-10. Permits and Revocable License Agreements 6 (a) Types of Permits and License Agreements (1) Right of Way Permits. A Right of Way Permit is required for any type of work or when placing equipment or Facilities on, in, above or under the County Right of Way, typically by commercial utilities or developers. If the request includes closure of a Road, a supplemental application will be required for a Roadway Closure Permit. (2) Driveway Permits. A Driveway Permit is required for work to install, replace, or alter a private path for giving vehicular access from abutting property to a Roadway as required in St. Lucie Land Development Code Sec. 11.05.03. (3) Roadway Closure Permit. A Roadway Closure Permit is required for closure of County Roadway, defined as rendering any segment of a Roadway impassible to vehicular traffic, for any duration of time, or when ancillary work, for example, a large excavation, necessitates closure. Types of requests include, but are not limited to: special events, parades, or block parties. (4) Revocable License Agreements. A Revocable License Agreement is required to place or construct any Facility in an otherwise unoccupied or unused County drainage or utility easement and is typically issued to private individuals. (b) Permit Application, Conditions, and Obligations. (1) All construction, use of any kind, and any improvement in or upon the County's Rights of Way requires an application, review, and the issuance of a Permit or License Agreement. (2) Application requirements may include, but are not limited to: a. A general description of the proposed project, its purpose and intended use. b. A description of the nature and type of construction. c. Legal description or street address. d. Surveys, record drawings, signed and sealed engineering drawings. e. Road closure plans, maintenance of traffic (MOT) plans. f. Cost estimates for construction and/or restoration. g. Schedules for initiating and completing any of the proposed work . h. If applicable, notification to adjacent property owners. (3) All construction within County Rights of Way must conform to and meet the technical standards and specifications of the County, the Florida Greenbook, and/or County Land Development codes, as applicable. 7 (4) The Permittee shall make all necessary provisions for the accommodation and safety of traffic and shall take such safety measures, including the placing and display of signs and signals required by applicable provisions of the current editions of the Florida Department of Transportation Standards and Specifications for Road and Bridge Construction and the Manual on Uniform Traffic Control Devices for Streets and Highways. The Permittee shall prevent obstructions or conditions that are or may become dangerous to the traveling public. The authority to temporarily close off or restrict access to a street or easement rests entirely with the County. (5) All existing aerial and underground utilities must be located and the appropriate utilities notified of the prior to work being performed in the Right of Way. (6) Depending on the nature of the work, the Permittee may be obligated to provide notice prior to any construction to all adjacent owners of real property. If obligated to provide notice, the Permittee may be required to notify adjacent property owners with the use of mailers, neighborhood flyers, variable message signs or other similar methods. (7) A Permittee acknowledges that as a condition of the Right of Way Permit, the County may impose reasonable rules, conditions or regulations governing the placement or maintenance of improvements to the extent consistent with applicable law. (8) In consideration of the grant of a Right of Way Permit, Permittee shall, at Permittee's 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 Facilities in Rights of Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Chapter; provided, however, that a Permittee's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton 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 Permittee, in writing, within a reasonable time of County receiving notice, of any issue it determines may require indemnification. Nothing in this section 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 section shall be construed or interpreted: (1) as denying to either party any remedy or defense available to such party under the laws of the state; 8 or(2) as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as it may be amended. The indemnification requirements shall survive and be in effect after the revocation or expiration of a Right of Way Permit. (9) A separate fee shall be assessed for review and approval of Road closure plans. (10) The County retains its right to access and inspect its Right of Way at any time. (11) A physical copy of the Right of Way Permit must be on the jobsite and subject to inspection. Failure to produce the permit may result in the issuance of a Stop Work Order until such time that a valid Right of Way Permit is produced. (12) Erosion control shall comply with the latest FDOT design standards, St. Lucie County standards, and the Department of Environmental Protection (DEP) National Pollutant Discharge Elimination System (NPDES) permit as obtained by the Permittee. Erosion control shall be field adjusted as necessary to fit existing conditions and performance. When required, the Permittee shall provide the County with a dewatering permit. (13) Permittee must maintain public access to existing roadways and driveways at all times unless otherwise noted in the Permit. The Permittee shall not isolate adjacent and/or remainder property whenever construction interferes with the existing means of access. (14) During construction, the Permittee shall be responsible for maintaining positive drainage. Where material or debris has washed or flowed into or been placed in watercourses, ditches, drains, catch basins, or elsewhere as a result of the Permittee's operations, such material or debris shall be removed and legally disposed of daily during the progress of the work. (15) To the extent practicable, the Permittee must maintain the project area in a clean and neat condition during constriction. Upon final clean-up, the project site shall be left clear of all surplus material or trash. (16) All test results, including compaction, limerock bearing ratio, density, and compressive tests for backfill, subgrade, base, asphalt, and concrete materials, must be submitted to the County. A County representative will witness all field tests and placements of backfill, subgrade, base, asphalt, and concrete. The Permittee is responsible for coordinating inspections with both the County and the testing representative. (17) County representatives have the authority to disapprove or reject any work that fails to meet the requirements of inspections, tests, and specifications, or does not conform to the construction plans. They may also require special inspections or testing for any work that is deemed necessary. 9 (18) The Permittee shall be responsible for maintaining compliance with current OSHA, state, County, and local regulations such as 54 CFR 45894 and 29 CFR 1926.650, 651, 652, and the Florida Trench Act. (19) Applicant must promptly repair any damage/injury to improvements on County Right of Way caused by reason of the exercise of rights and privileges granted pursuant to a Right of Way Permit, by restoring the Right of Way to a condition equal to or better to that which existed immediately prior to the infliction of such damage or injury in a manner satisfactory and at no cost to the County. Any approved open pavement cut or trench cut in the proposed limits of future pavement shall be restored to the FDOT and St. Lucie County standards. Driveways, roadways, trenches, and/or sidewalks shall be restored per the detail approved on the plans or specified in the Permit. (20) Any geodetic monuments within the limits of construction shall be protected. If there is danger of damage to monuments within the County Right of Way, the Permittee shall notify the County Surveyor. (21) Public land corners within the limits of construction shall be protected. If a corner monument within the County Right of Way is in danger of being destroyed or disturbed, the Permittee shall notify the County Surveyor without delay. Damaged corner monuments shall be replaced by a surveyor licensed in the State of Florida at the expense of the Permittee. (22) Jack and directional bore installations must be conducted in accordance with FDOT specifications. Casings installed beneath the travelway must extend at least four (4) feet beyond the edge of the travelway. Bentonite or drilling fluid must be removed from the Right of Way or project site on the same day as the drilling operations. Any other boring underground installation methods shall be submitted for review and comment along with the Application to the County. (23) All work done within the Right of Way shall be done Monday through Friday, 8:00 AM - 5:00 PM, excluding County observed holidays and County closures, unless otherwise approved by the County Engineer. Any work performed after hours shall be supervised by a County Inspector, for which the Permittee shall reimburse the County at the current Inspector rate. (24) Deviations from the approved work or Maintenance of Traffic plan shall require prior approval of the County Engineer. (25) The County Engineer's office shall be notified twenty-four (24) hours in advance of starting work on County Rights of Way. (26) New construction that is discovered to have begun without notification will be subject to a Stop Work Order until proper permits or agreements have been acquired. Re-notification shall be required upon any lapse (excluding weekends and holidays) in construction. 10 (27) The County Engineer's office shall be notified upon completion of the permitted work, so that a final inspection may be made and the Right of Way Permit closed. (28) Upon completion of construction of improvements that require an engineer of record, the engineer of record shall furnish the County with a complete set of "as-built" construction drawings. These drawings shall be marked to show "as-built" construction changes and dimensioned locations and elevations of all improvements and shall be signed and sealed by a Florida- registered land surveyor. This information shall provide a true representation of the improvements made. (c) Permit Review and Issuance (1) The Public Works Director or his/her designee may approve the Permits and License Agreements, and impose conditions as deemed necessary, upon specific findings of fact based directly upon the particular facts submitted showing that: a. The granting of such will not be detrimental or injurious to surrounding properties and will not endanger public safety; and b. The proposed use is consistent with, or consistent with the general spirit and intent of, the St. Lucie County Code, the County's Land Development Code, and the County's Comprehensive Plan; and (2) The Public Works Director or his/her designee may deny the request upon specific findings of fact based directly upon the particular facts submitted showing that: a. The granting of such will be detrimental or injurious to surrounding properties and will endanger public safety; or b. The proposed use is inconsistent with, or the general spirit and intent of, the St. Lucie County Code, the County's Land Development Code or the County's Comprehensive Plan. (3) Requests for Facilities or uses specifically prohibited in the Rights of Way shall be denied. (4) A Right of Way Permit shall be valid for a period of six (6) months from the date of issuance. A one-time permit extension request must be made to extent the a Right of Way Permit and a fee shall be required. (5) Any revisions shall be submitted to the Public Works Department for review prior to construction and may be treated as a new application and require an additional fee. (6) All work performed will be subject to inspection by the County. (7) Permits must be conspicuously displayed at all times or immediately available at the location identified in the Permit, for inspection by the County. The County 11 shall have the right to issue a Stop Work Order if a valid permit or Revocable License Agreement is not displayed or immediately produced for inspection. (8) If a Revocable License Agreement is granted, a notarized signature from the requestor will be required and the agreement must be recorded at the Holder's cost. No work may commence prior to recording the Revocable License Agreement. (d) Revocation. (1) The Public Works Director or his/her designee may revoke a Permit or License Agreement for one (1) or more of the following reasons: (a) Violation of a Permit or License Agreement condition(s); (b) Misrepresentation, omissions, or fraudulent statement in an application; (c) The placement or maintenance of a Facility in the Right of Way or easement presents a danger to the public or other users of the Right of Way; (d) Failure to remedy a dangerous condition after receipt of written notice; (e) Failure to commence work prior to the Right of Way Permit expiration; (f) Permit has been extended more than one (1) time and work will not be completed prior to the extended expiration. (g) Issuance of the Permit or License Agreement was a result of staff error. (h) The Right of Way is to be closed, abandoned, vacated, or discontinued. (i) County Improvements on the Right of Way are to be constructed and/or deconstructed. (j) The County may refuse to issue new Permits and may deny an application or request for a new Permit/License Agreement to an applicant that has materially violated any provisions of a permit or applicable codes including but not limited to this Article, until such time as the applicant cures the violations to the satisfaction of the County, including paying any damages, costs, or penalties that may have been assessed. (f) Exemptions from Permitting. (1) Uses or Facilities set forth below are allowable in the Right of Way and do not require a Right of Way Permit or Revocable License Agreement pursuant to this Chapter; however, permits may be required under other chapters of this Code for such Facilities. Allowable Facilities/uses are as follows: 12 a. U.S. Postal Service approved mailboxes and newspaper receptacles placed as prescribed by Florida Department of Transportation standard indexes. b. Authorized traffic control signs and devices as approved by the Public Works Director. c. Work of any nature performed by or at the direction of St. Lucie County. d. Routine mowing or other activity that is considered maintenance that does not alter or disturb the physical condition of the Right of Way. (q) Emergency Permit Exemptions. (1) As used in this Section, "Emergency" shall mean a condition that threatens the public's health, safety, or welfare, and includes an unplanned out-of-service condition of a pre-existing service. In the event of an emergency requiring repairs to some portion of the Facilities, nothing in this Chapter shall be deemed to prohibit the making of such repairs; however, emergency repairs shall be reported to the Public Works Director the next business day if not conducted by or at the direction of St. Lucie County. (2) Emergency Exemptions: a. Any act otherwise lawful and necessary to prevent material harm to health, safety, or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation, or hazards resulting from violent storms or hurricanes, or when the property is in imminent peril and obtaining a Right of Way Permit is impractical and would cause undue hardship in the protection of the property. b. A report of any such emergency action shall be made to the Public Works Director by the owner or person in control of the property which affects the Right of Way upon which emergency action was taken the next business day. c. Remedial action may be required by the County. d. A utility or governmental entity, including their authorized Permittees, may begin emergency repairs which require a Right of Way Permit under this chapter, emergency repairs provided that: i. The Public Works Director is notified in person, telephone, or email that such repairs must be initiated on an emergency basis. ii. Traffic safety measures are implemented during emergency work. iii. Work may continue pending the granting of an after-the-fact permit. iv. A Right of Way Permit is obtained as soon as practicable after the emergency repairs are initiated, but in no event later than ten (10) days after the emergency repairs began. Section 36-11. Qualifications of Permittee. 13 (a) Permits and License Agreements will only be issued to the following: (1) Utility corporations or companies (including County and municipal utilities) that will own and be servicing the installed Facilities. (2) Communications services providers, communications facility providers, and pass-through providers as set forth in the Chapter 44, Article I of the St. Lucie Code. (3) Licensed contractors responsible for the installation of any utility Facility or structure that is subject to these regulations. (4) Private citizens, corporations, or organizations with a reasonable and legitimate purpose in using the Right of Way or easement, which purpose, in the opinion of the Public Works Director or his/her designee, poses no threat or danger to the public health, safety, or welfare. (b) In instances where the services to be provided are subject to County regulations relating to underground utility pipelines, the applicant must be a holder of a current active general contractor's license, a current active underground utility contractor license, a current active plumbing contractor's license or, for fire protection systems only, a certificate issued by the state fire marshal. Any subcontractors retained by the applicant must also be properly licensed for the type of work being performed. Section 36-12. Installation and Construction. (a) Unless otherwise authorized by the County, permitted work shall be performed utilizing qualified, licensed, and insured contractors on all County Rights of Way. The applicant must arrange a pre-construction meeting with the County to review the project schedule, submittal reviews, and approvals, as well as to establish inspection items. (b) Utility installations within the Rights of Way shall be routed beneath existing County utilities, with a minimum vertical separation of eighteen (18) inches and a minimum horizontal separation of thirty-six (36) inches as measured from the outermost surfaces and shall accommodate proposed County utilities where so directed. (c) All underground utility Facilities shall be placed outside of the pavement or main traveled surface, and as close to the outside right of way line as practical unless otherwise approved by the County. Trenching within five (5) feet from the edge of the pavement must be avoided unless approved by the County. Compaction and restoration of the disturbed area shall comply with the County's requirements. (d) Crossing under existing pavement shall generally be made without cutting the pavement. Jacking shall be permitted, and the casing pipe shall extend a minimum of four (4) feet beyond the existing pavement edge on either side. Mechanical boring may also be used to install the casing pipe under existing 14 pavement. Missile boring is prohibited within collector and arterial Road Right of Ways. (e) Pavement cuts may be considered, and such permission must be specifically granted on the permit. Where open cutting has been permitted, replacement of Road base and surface shall be in accordance with FDOT or County standards and reviewed and approved by the County Engineer. (f) Open cutting of unpaved Road surfaces may be permitted. Where considered and permission specifically granted on the permit, replacement of the Road base and surface shall be in accordance with FDOT or County standards and reviewed and approved by the County Engineer. (q) All backfill material used shall be clean and free of foreign material and organics. Backfill shall be placed in not more than twelve-inch layers and shall be compacted in accordance with FDOT or County standards. (h) If any work requires the removal or destruction of sidewalks, curbs, culverts, headwalls, or any permanent structures, these shall be replaced by the Permittee in equal or better condition than the original. (i) Where any work disturbs the area outside the travel way, that area shall be completely restored in a manner acceptable to the County. Sod that is removed shall be replaced with sod of a like kind. (i) Existing utilities that are damaged, destroyed or temporarily removed shall be replaced or repaired by the Permittee at no expense to the County or utility owner. (k) The minimum depth of cover over pipe shall be 36 inches measured from the top of the pipe to the finished grade. (I) The minimum depth of cover over a direct burial cable measured from the existing or proposed traveled way shall be 36 inches under Roadways. In other areas of the Right of Way, the minimum depth of cover shall be 30 inches. 36-13. Restoration of Right of Way (a) Upon completion of construction, the County Right of Way shall be restored by the Permittee to the same or better condition than existed before the commencement of the work. Failure of the Permittee to promptly restore the Right of Way shall constitute consent for the County to perform such restoration at the Permittee's expense. (b) Where any work performed by a Permittee disturbs any area outside of the Roadway, the Permittee shall ensure that the area is completely restored in a manner acceptable to the County. Any sod that is removed shall be replaced with the same type of sod. All areas must be sodded unless the County approves an alternative. Any trees or shrubbery that were previously permitted and are damaged by Permittee during construction shall be replaced by Permittee at Permittee's sole expense. Any existing utilities that are damaged, destroyed or 15 temporarily removed by the Permittee shall be replaced or repaired by the Permittee at Permittee's sole expense. (c) All restoration work shall be warranted by the Permittee for a period of one (1) year. Permittee shall be obligated to make all warranty repairs at no cost to the County. 36-14. Appeals (a) The denial of an application for a Permit or License Agreement may be appealed by the Applicant to the Board of Adjustment within thirty (30) days from denial. The Board of Adjustment shall render its decision within forty-five (45) days from the date the appeal is filed. (b) Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after the rendition of such decision, appeal to the courts of the State of Florida for relief in accordance with general law. 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 4. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 5. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 6. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 7. EFFECTIVE DATE. The effective date of this Ordinance shall be as provided by law. 8. ADOPTION. After motion and second, the vote on this Ordinance was as follows: 16 Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE 9. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie 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 3 through 9 shall not be codified. PASSED AND DULY ADOPTED this 22nd day of July, 2025. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA 441-t2- B • Deputy Clerk amie Fowler, Chair GOMM'S41.G APPROV D AS TO FORM AND NESS - ca couNrd.°. BY: Daniel Mclntyr , C my Attorney 17 FLORIDA DEPARTMENT 0 'STATE RON DESANTIS Governor July 28, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD 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. 25-015, which was filed in this office on July 27, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270