§ 27-8. General permit conditions.

Before commencing any work in county controlled public rights-of-way (including at-grade, below-grade and other wireless communication facilities), all communication service providers, communications facility providers, and pass-through providers shall comply with the following conditions:

(1)

Permit does not create a property right; areas where overhead utilities are being placed underground. A permit from the county constitutes authorization to undertake only certain activities in the public rights-of-way in accordance with this chapter, 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, nor does it create a property right to maintain collocated wireless communications facilities hosting on existing structures when such hosting existing structures are within a program where overhead distribution utilities are being placed underground pursuant to a county program to underground such overhead distribution facilities or to maintain wireless support structures should the county adopt undergrounding requirements that prohibit above-ground structures in the public rights-of-way.

(2)

Avoidance of interference, displacement, damage 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, prevent acess to, displace, damage or destroy any facilities, including but not limited to sewers, gas or water mains, storm drains, storm drainage lines, existing drainage swales, pipes, cables or conduits of the county or any other person's facilities lawfully occupying the public rights-of-way and shall not endanger the life or property of other persons.

(3)

Coordination with other work in public rights-of-way. Upon request of the county, and as notified by the county of other work, construction, installation or repairs, a registrant shall 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 public right-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.

(4)

Restoration of public rights-of-way. After the completion of any placement or maintenance work involving a communications facility in a public right-of-way or each phase thereof, a registrant shall, at its own expense, restore the public right-of-way to its existing condition prior to such work. If the registrant fails to make such restoration within 30 days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance work, the county may perform restoration and charge the costs of the restoration against the registrant's performance bond, security fund, or, as applicable, in accordance with F.S. § 337.402, as amended. For 12 months following the original completion of the work, the registrant shall guarantee its restoration work and shall correct, at its sole expense, any restoration work that does not satisfy the requirements of this chapter.

(5)

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.

(6)

Maintenance of graffiti plan and facilities. Each communications facility within the public rights-of-way, including any appurtenant features incorporated therewith under this chapter shall be maintained in a neat and clean condition at all times. Specifically, but not without limiting the generality of the foregoing, each communications facility in the public rights-of-way shall be regularly maintained so that it is free of graffiti and is reasonably free of dirt and grease, rust and corrosion in visible metal areas, chipped, faded, peeling and cracked paint that is visible from the public rights-of-way or surrounding neighborhood at grade. All graffiti shall be removed or remedied within 30 days from receipt of notice by the county that graffiti exists on the communications facility of any portion thereof. A fine of $50.00 per day shall be imposed for each and every day of non-compliance after receipt of notice by the county and failure to cure. New permit(s) shall not be issued to a Communication Service provider, communications facility provider or pass-through provider if any of their communications facilities are not in compliance with this section.

(7)

Underground Facility Damage Prevention and Safety Act. 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 amended.

(8)

Use of due caution. Registrants 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, including, but not limited to those safeguards set forth in Chapter 33 of the Florida Building Code.

(9)

No warranties or representations regarding fitness, suitability or availability of public rights-of-way. The county makes no warranties or representations regarding the fitness, suitability, or availability of the public rights-of-way for the registrant's communications facilities. Any performance of work, costs incurred or services provided by the registrant shall be at the registrant's sole risk. Nothing in this chapter shall affect the county's authority to add, vacate or abandon its 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.

(10)

Right of inspection. The county shall have the right to make such inspections of communications facilities placed or maintained in its public rights-of-way as it finds necessary and upon reasonable notice, to ensure compliance with this chapter.

(11)

As-built plans and control and data coordinates. Upon completion of work authorized by a permit for a small wireless communications facility or a wireless support structure, the applicant shall furnish to the county the exact coordinates, based on proper, acceptable, and approved surveying and mapping procedures approved by the county surveying and mapping division, county surveyor, or his designee, the exact GPS coordinates of the small wireless communications facility or wireless support structure, at no cost to the county, one complete set of signed and sealed as-built plans. The procedures used to collect said GPS data, and the professes real-world accuracy of said coordinates shall be stated and certified to. The as-built plans shall be in an electronic format specified by the county administrator or designee.

a.

This requirement shall be in addition to, and not in lieu of, any filings the registrant is required to make under the Underground Facility Damage Prevention and Safety Act set forth in F.S. ch. 556, as amended. The fact that such as-built plans or survey is on file with the county shall in no way abrogate the duty of any person to comply with the aforesaid Underground Facility Damage Prevention and Safety Act when performing work in the public rights-of-way.

(12)

Florida Building Code; high velocity hurricane zone. In addition to the requirements of this chapter, all permitted communications facilities shall comply with the applicable provisions of the Florida Building Code. Wireless communications facilities shall be considered to be structures under Building Risk Category IV, Structures, Chapter 16 Section 1620 - 1621, High Velocity Hurricane Zone Area.

(13)

Correction of harmful conditions. If, at any time, the county or other authority of competent jurisdiction reasonably determines that any communications facility is, or has caused a condition that is, harmful to the health, safety or general welfare of any person, then the communications services provider, communications facility provider, or pass-through provider shall, at its own expense, promptly correct or eliminate all such communications facilities and conditions. In an emergency, as determined by the county administrator or designee, when the communications services provider, communications facility provider, or pass-through provider is not immediately available or is unable to provide the necessary immediate repairs to any communications facility that is damaged or malfunctioning, or is a threat to public safety, then the county, when apprised of such an emergency, shall have the right to take emergency action to remove, make repairs to or eliminate same with the total cost being charged to and paid for by the communications services provider, communications facility provider, or pass-through provider upon demand.

(14)

Remedy of hazardous conditions. If, at any time, a condition exists that the county or other authority of competent jurisdiction reasonably determines is an emergency that is potentially hazardous or life threatening to any person or is a threat to the health or safety of the general public, and to remedy such condition the county or other authority of competent jurisdiction reasonably determines that a communications services provider, communications facility provider, or pass-through provider must temporarily relocate or temporarily shut off service or transmissions through a specific communications facility, then the county, as an appropriate exercise of its police powers, may order the communications services provider, communications facility provider, or pass-through provider to immediately perform such temporary relocation or shut off until the condition has been remedied, and to do so at its own expense and without liability to or recourse against the county. In such an emergency, when the communications services provider, communications facility provider, or pass-through provider is not immediately available or is unable to provide the necessary immediate relocation or shut off of the specific communications facility, then the county shall have the right to perform, or cause to be performed, such temporary relocation or shut off until the condition has been remedied with the total cost being charged to and paid for by the communications services provider, communications facility provider, or pass-through provider upon demand.

(15)

Permit errors. The issuance of a permit shall not prevent the county administrator or designee from thereafter requiring the correction of errors when in violation of this chapter.

(16)

Public records. Any proprietary confidential business information obtained from a registrant in connection with a permit application shall be held confidential by the county to the extent required by F.S. § 202.195, as amended, provided the registrant so notifies the county which information is confidential in accordance with Florida's Public Records Laws.

(17)

Historic preservation zoning regulations. All permits shall comply with applicable historic preservation zoning regulations, including local, state and federal rules and regulations. The county may require a registrant to conduct a National Environmental Policy Act (NEPA) Review to determine if the issuance of a permit will impact a Historic Resource that is listed or eligible for listing on the National Register of Historic Places or The Historic Places of Pasco County published by the Pasco Historical Preservation Committee (1992).

(18)

New communication facilities, wireless facilities, and wireless support structures shall be located on collector roadways and arterial roadways to the greatest extent possible. An applicant shall demonstrate through an engineering analysis why it is unable to locate the proposed communication facilities, wireless facilities, and wireless support structures in such areas instead of on local roadways.

(Ord. No. 17-51, § 3, 12-12-17)