§ 27-62. Permit requirements; application; review timeframe.

(a)

Permit required. A registrant shall not commence to place or maintain a wireless 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). A registrant may submit a consolidated permit application and receive a single permit for the collocation of up to 30 small wireless facilities. The registrant acknowledges that as a condition of granting permits, the county may impose reasonable conditions governing the placement or maintenance of a wireless 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;

c.

Replacement of an existing wireless communications facility with a Wireless communications facility that is substantially similar or of the same or smaller size in the same location; or

d.

Installation, placement, maintenance, or replacement of a micro wireless facility that is suspended on cable strung between existing structures in compliance with applicable laws by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting taxes under F.S. ch. 202, as amended.

e.

In the case of routine maintenance replacement of an existing wireless communications facility with a wireless communications facility that is substantially similar or of the same or smaller size, or installation, placement, maintenance, or replacement of a micro wireless facility that is suspended on cable strung between existing structures in compliance with applicable laws by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting taxes under F.S. ch. 202, as amended.

(2)

In the case of routine maintenance, 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, pedestrian and vehicular MOT plans 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 a wireless communications facility or wireless support structure 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 a wireless communications facility or a wireless support structure (with accompanying small wireless communications facility) in the public rights-of-way, the registrant shall provide a permit application or consolidated 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.

The type of proposed wireless communications facility including the dimensions, volume, height, and stealth features of the proposed wireless communications facility or wireless support structure, and location of the proposed wireless communications facility or wireless support structure, including whether the proposed wireless communications facility is in a location subject to restrictions pursuant to section 27-65;

b.

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;

c.

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);

d.

For new wireless support structures, or for any excavation work, a geotechnical report with the existing soil conditions, and/or as appropriate, a report with design recommendations for the soil conditions signed and sealed by a Florida licensed professional engineer and attesting to the ability of the proposed structure with the soil conditions identified is capable of withstanding 130 mph wind loads; and

e.

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.

(2)

Full color existing topography and photo-simulation. For a new wireless support structure, the applicant shall provide a full color photo-simulation showing the proposed new wireless support structure 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 communications facility will be installed and/or modified (i.e. anticipated construction methods or techniques).

(4)

Attestation. For new wireless support structures, the applicant shall provide an attestation that a small wireless communications facility will be collocated on the wireless support structure and will be used by a wireless service provider to provide service within nine months after the date the application is approved.

(5)

Pole attachment agreement. For collocations on private utility poles, the applicant shall provide a copy of a valid pole attachment agreement for the collocation of the proposed wireless communications facility. In lieu of providing the complete pole attachment agreement between the owner of the private utility pole and applicant, the applicant may provide the first page of such agreement and the signature page or a notarized letter of authorization from the owner of the private utility pole, so long as adequate identifying information, acceptable to the county, is provided to indicate that the applicant is authorized to collocate on the specific private utility pole.

(6)

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 27-65. 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 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.

(7)

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

(8)

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

(9)

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

(10)

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

(11)

Consolidated permit applications. For consolidated permit applications, the applicant shall only be required to provide a structural certification by a Florida licensed professional engineer as to each type of small wireless communications facility, not for each small wireless communications facility proposed as part of the overall project.

(12)

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 wireless communications facility, if available. Further, in order to assess the impacts on the public rights-of-way resources and for purposes of negotiating an alternative location and ensuring that height restrictions are met, the applicant shall identify all existing structures, wireless support structures, and other above-grade facilities in the public rights-of-way within a 300 foot radius of the proposed new wireless communications facility (such information may be produced without certification as to correctness to the extent such information is obtained from other registrants with facilities in the public rights-of-way).

(13)

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.

(14)

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

(15)

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

(16)

Additional information as reasonably required for review of Permit application. Such additional information as the county administrator or designee finds reasonably necessary with respect to the placement or maintenance of the wireless 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 wireless 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 wireless communications facility complies with applicable laws.

(d)

Application review timeframes. An application for a permit within the public rights-of-way shall be reviewed by the county as follows:

(1)

Notice of application deficiency. Within 14 days after the date of filing an application for the collocation of a small wireless communications facility or for the placement of a new wireless support structure, the county administrator or designee shall determine whether the application is complete. If an application is deemed incomplete, the county administrator or designee shall notify the applicant by electronic mail and specifically identify the missing information. An application shall be deemed complete if the county administrator or designee fails to notify the applicant otherwise within 14 days after the date of filing the application.

(2)

Request for alternative location. Within 14 days after the date of filing the application for collocation of a small wireless facility, the county administrator or designee may request that the proposed location of the small wireless communications facility be moved to another location and be placed on another existing structure or by placing a new wireless support structure. The county and applicant may negotiate the alternative location, including alternative design standards and reasonable spacing requirements for ground-mounted equipment for 30 days after the county submits the request. The applicant shall notify the county of its acceptance or rejection within this 30 day negotiating period. If the applicant accepts the alternative location, the application shall be deemed granted for the agreed-upon alternative location and all other locations in the application. If the requested alternative location is rejected by the applicant, the county administrator or designee shall approve or deny the original application within 90 days after the date the application was filed.

(3)

Application review period. Within 60 days after the date of filing an application for the collocation of a small wireless communications facility or for the placement of a new wireless support structure, the county administrator or designee shall approve or deny the application. If the county administrator or designee does not submit a request for an alternate location as provided in subsection (2), the county administrator or designee and the applicant may mutually agree to extend the 60 application review period.

(4)

Notice of denial; resubmission. Should the application be denied, the county administrator or designee shall notify the applicant by electronic mail on the day the application is denied and specify in writing the basis for denial, including the specific code provisions on which the denial is based. The applicant may cure the deficiencies identified by the county administrator or designee and resubmit the application within 30 days after the notice of denial is sent. The county administrator or designee shall approve or deny the revised application within 30 days after the date of filing the application. Any subsequent review shall be limited to the deficiencies cited in the notice of denial.

(5)

Consolidated permit applications. The county may separately address each proposed collocated small wireless facility for which incomplete information has been received or which are denied.

(Ord. No. 17-51, § 3, 12-12-17)