§ 110-31. Permits.

(a)

It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook.

(b)

Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information:

(1)

The precise physical location of the construction.

(2)

The type of facility to be constructed.

(3)

The method of construction to be used.

(4)

The expected time schedule for completion of construction.

(5)

Sketches and drawings in duplicate to completely depict the nature of the proposed construction.

(6)

All other information required in the handbook.

(7)

Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit.

(c)

The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board).

(d)

The Collier County Transportation Operations Department may take any of the following actions on a permit application:

(1)

Approve the permit based on the application as submitted.

(2)

Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC).

(3)

Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance.

(e)

If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the decision of the board shall be final.

(f)

No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply.

(1)

The handbook.

(2)

Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System.

(3)

The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

(4)

Collier County Land Development Code (LDC, unless exempt under the existing LDC or current Florida Statutory law.

(5)

Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision).

If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction.

(g)

All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County.

(h)

The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public.

(Ord. No. 03-37, § 5, 6-24-03; Ord. No. 2003-58, § 3, 11-18-03)