§ 3-6-41. Standards for placement or maintenance of a communications facility in public rights-of-way.

(a)

A registrant shall at all times comply with and abide by all applicable provisions of state and federal law and county ordinances, codes, and regulations in placing or maintaining a communications facility in public rights-of-way.

(b)

A registrant shall not commence to place or maintain a communications facility in public rights-of-way, including, without limitation a co-location, until all applicable permits, if any, have been issued by the County or other appropriate authority, provided, however, that in the event of an emergency, a registrant may restore its damaged facilities in the right-of-way with facilities of the same size, character and quality, without first applying for or receiving a permit. An applicant seeking to collocate small wireless facilities may, at the applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to thirty (30) small wireless facilities.

(c)

The term "emergency" means a condition that affects the public's health, safety, or welfare, which includes an unplanned out-of-service condition of a pre-existing service. The registrant shall provide prompt notice to the county of the placement or maintenance of a communications facility in public rights-of-way in the event of an emergency and shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in public rights-of-way due to an emergency. The registrant acknowledges that, as a condition of granting such permits, the county may impose reasonable rules or regulations governing the placement, relocation, 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.

(d)

Communications facilities providers and pass-through providers understand and acknowledge that the county strongly favors strengthening utility infrastructure, in particular as it relates to flooding and hurricane-related events. Subject to any applicable regulatory approval, communications facility providers and pass-through providers will adopt and implement an infrastructure hardening plan for any facilities located within the county.

(e)

To the extent not otherwise prohibited by state or federal law, the county shall have the power to prohibit or limit the placement of new or additional wireless support structures within a particular area of public rights-of-way.

(f)

All communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way, as well as joint trenching or the co-location of facilities in existing conduit, is required. The county engineer or designee may promulgate reasonable rules and regulations concerning the placement or maintenance of a communications facility in public rights-of-way consistent with this division and other applicable law.

(g)

All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities.

(h)

The registrant shall notify the county prior to commencement of construction in the right-of-way and upon completion of the work.

(i)

After the completion of any placement or maintenance of a communications facility in public rights-of-way, or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to their original condition before such work. If the registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the county may perform restoration and charge the costs of the restoration against the registrant in accordance with F.S. § 337.402, as it may be amended. For twelve (12) months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct, at its own expense, any restoration work that does not satisfy the requirements of this division.

(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.

(k)

A permit from the county constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this Division, 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.

(l)

A registrant shall maintain its communications facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.

(m)

For installations involving 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.

(n)

The 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 worksite areas.

(o)

Upon the request of the county, and as notified by the county of the other work, construction, installation, or repairs referenced below, a registrant may be required 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 time frame in the subject public 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 public rights-of-way.

(p)

A registrant shall not place or maintain its communications facilities so that they interfere with, 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 entity's facilities lawfully occupying the public rights-of-way.

(q)

The county makes no warranties or representations regarding the fitness, suitability, or availability of the county's public rights-of-way for the registrant's communications facilities, and any performance of work, costs incurred, or services provided by the registrant shall be at the registrant's sole risk. Nothing in this division 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.

(r)

The county shall have the right to make such inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this division.

(s)

A permit application to place a new or replace an existing communications facility in public rights-of-way shall include plans showing the location of the proposed installation of facilities in the public rights-of-way. If the plans so provided require revision based upon actual installation, the registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the county, provided such electronic format is maintained by the registrant. Such plans in a format maintained by the registrant shall be provided at no cost to the county.

(t)

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 types of 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. 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. Should the registrant be required to relocate its facilities in conjunction with such installation and alteration, the registrant shall be required to pay all costs associated with such relocation.

(u)

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 thirty (30) days' advance written notice to arrange for such temporary relocation.

(v)

A small wireless facility that is a portion of a communication facility, such as an antenna which is attached to a legally maintained vertical structure in the public rights-of-way, such as a light pole or utility pole ("vertical structure(s)"), shall be subject to the following regulations:

(1)

Such small wireless facilities may not extend more than ten (10) feet above the highest point of the vertical structure;

(2)

Small wireless facilities located on new or existing utility poles may be required to locate equipment other than the antenna (such as meter boxes) at a location separate from the utility pole. This requirement may be waived by the county upon a showing that such a requirement is not reasonably compatible for the particular location or that the requirement imposes an excessive expense to the applicant.

(3)

The county may require stealth design and color matching of small wireless facilities in areas where the county has provided facilities such as decorative light poles and other streetscape enhancements. This requirement may be waived by the county upon a showing that such a requirement is not reasonably compatible for the particular location or that the requirement imposes an excessive expense to the applicant.

(4)

The height for a new utility pole erected to support a small wireless facility is limited to the tallest utility pole located in the same right-of-way and that existed on July 1, 2017 measured from grade in place within five hundred (500) feet of the proposed location of the new utility pole. If there is not a utility pole within five hundred (500) feet of the proposed location, the height of the new utility pole shall not exceed fifty (50) feet.

(5)

Such wireless facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation, or law.

(6)

Such wireless facilities shall comply with any applicable Federal Communications Commission Emissions Standards.

(7)

The design, construction, and installation of wireless facilities shall comply with any applicable local building codes.

(8)

No commercial advertising shall be allowed on wireless facilities.

(9)

Any accessory equipment and related housing in the public rights-of-way that are used in conjunction with such a wireless facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment.

(10)

The rate to collocate small wireless facilities on a county utility pole shall be one hundred fifty dollars ($150.00) per pole annually.

(w)

Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being located in any public rights-of-way.

(Ord. No. 2017-032, § 2, 6-27-17)