§ 110-125. General permitting requirements.

(1)

Applicability. The provisions of this Article shall apply to County Rights-of-Way in both the unincorporated areas of the County and those locations where the County holds a proprietary interest in the County Rights-of-Way. It shall not apply in the incorporated areas where the County does not hold a proprietary interest.

(2)

Proprietary Interests of the County. Because of the proprietary interests the County holds in the County Rights-of-Way, the placement of Communications Facilities within County Rights-of-Way shall in all cases be subject to the discretionary County Rights-of-Way permit process.

(3)

Permit Required. Except for those exempt activities specifically listed below, it shall be unlawful for any person to place any Communication Facilities, Equipment or Facilities, or related equipment in the County Rights-of-Way without a County Right-of-Way Permit.

(a)

Permit Applications. Applications to place a Wireless Facility in County Rights-of-Way shall contain the following:

1.

The name and address of the Applicant who is requesting the permit and written evidence that such Applicant has legal authority to place, maintain, or remove the Equipment or Facilities covered by the requested permit in the County Rights-of-Way and will own and control all such Equipment and Facilities after completion of construction;

2.

An engineering plan signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in F.S. § 471.003, identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in County Rights-of-Way;

3.

A description of the manner in which the facility will be installed (i.e. anticipated construction methods and/or techniques);

4.

The timetable for construction of the project or each phase thereof, and the areas of the County which will be affected;

5.

A County-approved traffic control plan for vehicular and pedestrian traffic in the area to be affected by the proposed work;

6

Proof of insurance;

7.

Identification and description of any utility or other distribution or transmission system to which any Equipment or Facility covered by the requested permit is to be connected or attached;

8.

Drawings (in such detail and form as may be specified by the County) which show: County Rights-of-Way in the area of the proposed construction; locations of all existing Equipment and Facilities in the area of proposed construction; all Equipment and Facilities to be installed or removed; the routes of all transmission and distribution lines to be installed or removed; and the sites of all other Equipment and Facilities to be installed or removed in the County Rights-of-Way;

9.

Application fee per the Collier County Right-of-Way Fee Schedule, as may be amended from time to time; and

10.

Such additional information requested by the County that the County finds reasonably necessary to review the Application.

(4)

Exemptions. The following activities are exempt from the requirements of this Article:

(a)

Emergency Actions, but the County reserves authority to require an after-the-fact permit;

(b)

Routine Maintenance and Repair of: Communications Facilities, Wireless Facilities, Small Wireless Facilities, Micro-Wireless Facilities, Wireless Support Structures, or Utility Poles authorized to be located within the County Rights-of-Way;

(c)

Installation, construction, or modification of: Communications Facilities, Wireless Facilities, Small Wireless Facilities, Micro-Wireless Facilities, Wireless Support Structures, or Utility Poles by the County or approved as part of a County-initiated project within the County Rights-of-Way; and

(d)

Placement or operation of Communications Facilities in the County Rights-of-Way by a Communications Services Provider authorized by state law to operate in the rights-of-way. Under F.S. § 362.01, any telegraph or telephone company charted by this or another state, or any individual operating or desiring to operate a telegraph or telephone line, or lines, in this state, may erect posts, wires and other fixtures for telegraph or telephone purposes on or beside any public road or highway; provided, however, that the same shall not be set as to obstruct or interfere with the common uses of said roads or highways.

(5)

Emergency Action. Any person who performs work in the County Rights-of-Way in connection with an Emergency Action without a permit shall immediately notify the County of the Emergency Action. The person shall cease all work immediately upon completion of Emergency Action. The person shall also cease all work immediately upon receipt of a County stop work order determining the situation does not involve an emergency or that the Emergency Action is no longer warranted.

(6)

Effective Life of Approved Permit Application. A permit issued pursuant to an approved application shall remain effective for one year unless extended by the County for an additional year. The County may only grant a single extension.

(7)

Revocation. The County may revoke any permit granted pursuant to this Article, without refunding any fees, if it finds that an Applicant has not complied with applicable law, including any provision of a permit, this Code, or any franchise, license, or other authorization, or that revocation is necessary to protect the public health, safety, or welfare.

(8)

Avoidance of interference, displacement, damage or destruction or destruction of other facilities, endangerment of life and property. A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, storm drainage lines, pipes, cables or conduits of the County or any other Person's facilities lawfully occupying the County Rights-of-Way and shall not endanger the life or property of other persons.

(9)

Coordination with other work in County Rights-of-Way. Upon request of the County, and as notified by the County of other work, construction, installation or repairs, a Registrant is encouraged to coordinate Placement or Maintenance activities under a Permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject County Rights-of-Way, and the Registrant may be required to reasonably alter its Placement or Maintenance schedule as necessary so as to minimize disruptions and disturbance in the County Rights-of-Way.

(10)

Maintenance in accordance with industry standards and applicable law. A Registrant shall maintain its Communications Facilities in good condition, order and repair in a manner consistent with accepted industry practice and applicable law.

(11)

Safety practices; encourage strengthening utility infrastructure and infrastructure hardening plan. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. The County strongly encourages strengthening utility infrastructure and in particular as it relates to flooding and hurricane related events, and registrants are encouraged to implement an infrastructure hardening plan for any Communications Facilities within the County Rights-of-Way.

(12)

As-Built Plans and GPS Coordinates. Upon completion of work authorized by a permit for a Small Wireless Communications Facility or a Wireless Support Structure, in the event that field work resulted in changes from the permit plans, the applicant shall furnish to the County the exact GPS coordinates of the Small Wireless Communications Facility or Wireless Support Structure, at no cost to the County, and one complete set of sealed as-built plans. The as-built plans shall be in an electronic format specified by the County.

(13)

Discretion to Include Conditions. The County may include conditions on permits to ensure adherence to the County Code of Ordinances and adequate protection of the public's health, safety and welfare. These conditions may include, but are not limited to, interim or temporary restoration, patching, or resurfacing of the County Rights-of-Way during the construction period.

(14)

Uniform Permit Conditions. All permits issued pursuant to this Article shall contain the following conditions:

(a)

The Applicant shall remove any rubbish, excess earth, rock, or other debris arising from or associated with any work performed in the County Rights-of-Way and any other property affected by such work on a frequent and regular basis (or as specifically directed by the County), to the satisfaction of the County, and at the expense of Applicant;

(b)

Unless otherwise specified by the County, the Applicant shall illuminate through use of red lanterns, red lights, or red torches any building material, machinery, motor vehicle, equipment, facility, or other object placed in the County Rights-of-Way in connection with any work performed in the County Rights-of-Way, between sunset and sunrise. The permittee shall place such illumination at a distance of not more than five feet from each other along the width of any affected portion of the County Rights-of-Way (or as may otherwise be specified by the County) and not more than 15 feet from each other along the length of the affected portion of the County Rights-of-Way (or as may otherwise be specified by the County);

(c)

Any work performed by an Applicant in the County Rights-of-Way, including restoration, shall be completed by the completion date specified in the permit or as otherwise specified or provided by the County. Upon completion of work (or at such time as may be specified by the County if construction is not completed by the completion date or construction is terminated for any reason, including revocation of the permit), the Applicant shall restore the County Rights-of-Way to a condition which is at least as good as its condition prior to commencement of work. The Applicant shall perform restoration of the County Rights-of-Way in accordance with any specifications or standards regarding materials or any other matter specified by the County. The County may establish generally applicable restoration standards, which apply unless the County specifies other standards in a particular situation or may establish restoration standards on a case-by-case basis;

(d)

If an Applicant fails to restore the County Rights-of-Way, including any paved surface, curbs, or fixtures, to a condition at least as good as its condition prior to commencement of construction or to complete such restoration work by the completion date specified in the permit or as otherwise specified or provided by the County, the County may perform any work or undertake any other activity which it deems necessary to complete such work and/or restore the County Rights-of-Way. The Applicant shall reimburse the County for any such costs in an amount equal to the sum of the actual cost of any work or other activity undertaken by the County plus 25 percent of such cost as compensation to the County for general overhead and administrative expenses associated with such work and shall pay such costs as directed by the County and not later than 20 calendar days after receipt of a bill;

(e)

An Applicant shall guarantee and maintain any County Rights-of-Way which the County determines has been affected or altered by any excavation in the County Rights-of-Way or any break or cut in any surface of the County Rights-of-Way made by such Applicant for the 24 months following the date of completion of restoration of the affected or altered County Rights-of-Way either by the Applicant or by the County. Such Applicant shall take such action as the County deems necessary to correct any deficiencies in such restoration work within such 24-month period, shall commence such action not later than five calendar days after receipt of notice from the County or such other date as may be specified by the County, and complete such action promptly but not later than the date or any other deadline established by the County. The County may elect to perform any such work itself or undertake any other activity, which it deems necessary to correct any such deficiency during such 24-month period. Such Applicant or person shall be liable to the County for any costs incurred in connection with any such corrective action in an amount equal to the sum of the actual cost of any work or other activity undertaken by the County and shall make pay such costs as directed by the County and not later than 20 calendar days after receipt of a bill;

(f)

An Applicant must provide photographic or video documentation of the condition of the County Rights-of-Way in the area affected by the proposed work post construction;

(g)

An Applicant must provide as-built drawings (in such detail and form as may be specified by the County) which show the locations of all the Applicant's existing equipment and facilities in the County;

(h)

No Applicant may permanently activate or place in service any equipment or facility in the County Rights-of-Way until such time as the County has approved such activation from the County. The Applicant shall provide notice of completion of construction of such equipment or facility;

(i)

Indemnification as required herein; and

(j)

All as-built plan shall be filed with Sunshine 811 underground locating service.

(15)

Permit errors. The issuance of a Permit shall not prevent the County from thereafter requiring the correction of errors when in violation of this article.

(Ord. No. 2017-27, § 5)