§ 27-51. Permit requirements.

(a)

Permit required. A registrant shall not commence to place or maintain an at-grade or below-grade communications facility in the public right-of-way until all applicable permits have been issued by the county, except for limited work as provided in subsection (b). The registrant acknowledges that as a condition of granting permits, the county may impose reasonable conditions governing the placement or maintenance of an at-grade or below-grade communications facility in the public rights-of-way as set forth in F.S. § 337.401, as amended. Permits shall apply only to the areas of the public rights-of-way specifically identified in the permit.

(b)

Permit not required. A registrant shall be allowed to perform limited work within the public rights-of-way without first obtaining a permit if such proposed limited work does not involve excavation, or the closure of a sidewalk or vehicle lane.

(1)

As used in this section, the term limited work shall mean:

a.

Routine maintenance;

b.

Emergency maintenance; or

c.

Replacement of an existing at-grade or below-grade communications facility with an at-grade or below-grade communications facility that is substantially similar or of the same or smaller size in the same location.

(2)

In the case of routine maintenance, or replacement, a registrant shall provide at least three days' advance written notice to the county identifying the areas where such maintenance will occur, scope of maintenance, maintenance of traffic (MOT) plan pursuant to FDOT Standards, date(s) and duration of work to be performed. In the case of emergency maintenance, a registrant shall provide prompt notice to the county of the emergency repair. As used in this section, the term emergency maintenance means the repair or replacement of an at-grade or below-grade communications facility as a result of a condition that affects the public health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service.

(c)

Permit application. As part of any permit application to place or maintain an at-grade or below-grade communications facility in the public rights-of-way, the registrant shall provide a permit application that sets forth, at a minimum, the following:

(1)

Engineering plan. An engineering plan signed and sealed by a Florida licensed professional engineer, that includes:

a.

A site plan of sufficient scale showing:

•

The type of proposed at-grade or below-grade communications facility, location (distance/direction to nearest intersection) of the proposed at-grade or below-grade communications facility or at-grade or below-grade support structure, including the dimensions, volume, height, depth below grade, and stealth features of the proposed at-grade or below-grade communications facility that will be located in the public rights-of-way;

•

Limits of the public rights-of-way;

•

Limits of construction activity;

•

Topographic, surface, and overhead features;

•

Location or designation of all existing underground facilities utilizing Quality Level B or better, to include those associated with water, wastewater, reclaimed water, natural gas, electrical power, communication, etc., within the limits of construction activity; and

•

Any additional work or facilities required to complete the installation of the at-grade or below-grade communications facility to include utility relocation plans, signage, etc.

b.

The type of proposed at-grade or below-grade communications facility, location (distance /direction to nearest intersection) of the proposed at-grade or below-grade communications facility or at-grade or below-grade support structure, including the dimensions, volume, height, and stealth features of the proposed at-grade or below-grade communications facility that will be located in the public rights-of-way;

c.

The Autonomous Meter-level accuracy Horizontal Global Positioning System (GPS) coordinates of the proposed facility. The Horizontal only GPS coordinates shall be based on the reading from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based on Google Earth or similar application may be used where areas of shading occur due to overhead canopy. GPS Coordinates shall be provided in decimal degrees at a six decimal point precision. The handheld autonomous GPS coordinate data collection procedures must be stated as well as the Horizontal accuracy of one meter (@95% confidence) for Metadata and 3 ^rd party reliance. If other methods are used to produce these coordinates, i.e. GPS network solution, RTK GPS, or any other more accurate procedures, said procedure must be stated with their industry accepted levels of accuracy and precision. GPS is accepted for Horizontal coordinates only;

d.

Sufficient specificity demonstrating compliance with the Florida Building Code, specifically in terms of compliance with ASCE-7-10, or latest edition, for requirements of wind load (or say: in compliance with the High Velocity Zone Criteria specified in the Florida Building Code, Chapter 16); and

e.

For any excavation work, a geotechnical report for the existing soil conditions, or a signed and sealed statement by a Florida licensed professional engineer as to the soil conditions.

(2)

Full color existing topography and photo-simulation of proposed communication facility. For a new at-grade or below-grade communication facility, the applicant shall provide a full color photo-simulation showing the proposed new facility installed in accordance with the application from the point of view of properties adjacent to the proposed site.

(3)

Description of installation or construction. The applicant shall provide a description of the manner in which the at-grade or below-grade communications facility will be installed and/or modified (i.e. anticipated construction methods or techniques) and how impacts to existing communications facilities and/or utilities will be avoided or mitigated, including relocation, if required.

(4)

Stealth design. The applicant shall provide a description of stealth design to be utilized to minimize the visual impacts on the surrounding neighborhood pursuant to section 27-53. Alternatively, a signed and sealed statement by a Florida licensed professional engineer, that stealth design cannot be utilized and providing documentation demonstrating to the satisfaction of the county administrator or designee that the proposed at-grade or below-grade communications facility cannot employ stealth design and the proposed exterior location and configuration of equipment proposed are the minimum equipment necessary to achieve the needed function.

(5)

Pedestrian MOT sidewalk closure plan pursuant to FDOT standards. The applicant shall provide a temporary sidewalk closure plan, if appropriate given the at-grade or below-grade communications facility proposed to accommodate placement or maintenance of the communications facility.

(6)

Maintenance of traffic (MOT) plan pursuant to FDOT standards. The applicant shall provide a temporary traffic lane closure and MOT plan.

(7)

Restoration plan and cost of restoration of the public right-of-way. Given the communications facility proposed, a restoration plan and an estimate of the cost of restoration, signed and sealed by the engineer of record, for the public rights-of-way.

(8)

Timetable for construction or installation and intended areas of service. The timetable for placement or maintenance of the proposed at-grade or below-grade communications facility or each phase of the placement or maintenance thereof.

(9)

Information regarding public right-of-way resources. The applicant shall provide information on the ability of the public rights-of-way to accommodate the proposed at-grade or below-grade communications facility, if available.

(10)

Registrant agrees to indemnification. A statement shall be included within the permit application that by execution of the application and by applying for the permit, the registrant agrees to be bound to the county with respect to the indemnification provisions set forth in section 27-14 as though such indemnification provisions are set forth verbatim in the permit application.

(11)

Airport airspace protection. Applicant shall comply with F.S. ch. 333 and all federal regulations pertaining to airport airspace protections.

(12)

Comply with land development code. Applicant shall comply with all applicable provisions of the land development code, including without limitation, Pasco County Land Development Code Section 802 Tree Preservation and Replacement.

(13)

Additional information required for review of permit application. Such additional information as the county administrator or designee finds necessary with respect to the placement or maintenance of the at-grade or below-grade communications facility that is the subject of the permit application to review such permit application, which information may include, but is not necessarily limited to: (i) evidence satisfactory to the county administrator or designee that the proposed at-grade or below-grade communications facility will not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive or other dangerous chemicals, and radiation hazards; and (ii) a written statement from a qualified radio frequency engineer that the construction and placement of the proposed at-grade or below-grade communications facility complies with applicable laws.

(Ord. No. 17-51, § 3, 12-12-17)