Item Q43 p.m. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Department: Engineering Services Department
Bulk Item: Yes — No X Staff Contact /Phone #: Judy Clarke Ext. 4329
AGENDA ITEM WORDING: Approval of an ordinance of the Monroe County Board of County
Commissioners revising Monroe County Code (MCC) Chapter 19 Roads and Bridges to allow ground
cover on the County's right-of-way and providing for a landscaping permit to be issued with conditions
as previously directed by the Board.
ITEM BACKGROUND: At the July 2014 meeting the BOCC directed staff to work to revise the code
to allow residents to obtain permits for limited landscaping and potential placement of objects on
county right-of-way (ROW). Staff met to discuss current practices and to identify potential alternatives
to existing ROW permitting and enforcement procedures. Subsequently at the October 17, 2014
meeting, staff presented a brief summary of current ROW permitting and enforcement procedures, an
explanation of the purpose and use of the ROW, and suggested engineering criteria for
landscaping/ROW permitting. Staff got direction and input from the BOCC on the type of landscaping
and/or objects to permit as well as guidance on current or alternate enforcement procedures in order to
prepare a draft ordinance. Based upon the BOCC's direction, a draft ordinance and a legal
memorandum was prepared and discussed at the July 2015 meeting. Please note that added language is
reflected in underlined text and deleted text is in s4ike thfough New text that was added since the
July 15t' BOCC meeting is in Blue text,
PREVIOUS RELEVANT BOCC ACTION: BOCC directed staff to evaluate current ROW code
with regard to landscaping at the July 2014 meeting. At the October 2014 meeting, BOCC gave input
and directed staff to prepare a draft ordinance for consideration that allows ground cover and
incorporates a 6ft clear zone. The Board also directed that the ordinance include language that trees not
be planted under power lines. At the July 2015 meeting the BOCC provided further input and gave
approval to advertise a public hearing.
CONTRACT/AGREEMENT CHANGES: Not Applicable.
STAFF RECOMMENDATIONS:
TOTAL COST: $0 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:_ _ $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Attorney OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE -2015
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 19 OF
THE MONROE COUNTY CODE; PROVIDING FOR
RIGHT-OF-WAY PERMIT FOR LIMITED LANDSCAPING;
PROVIDING FOR NEW AND REVISED DEFINITIONS;
PROVIDING FOR ANY PERMITTED WORK TO BE
MAINTAINED BY THE PERMITTEE ; PROVIDING FOR
REVISIONS TO TIME LIMITS; PROVIDING FOR
CLARIFICATION OF RIGHT-OF-WAY PERMIT AND APPEAL
PROCESS; UPDATING PROVISIONS RELATING TO
RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2010 the Monroe County Code ("Code") was amended by Ordinance 025-2010
to prohibit permits to be issued for boulders or landscaping within the County's public right-of-way
(ROW); and
WHEREAS, in 2013 with installation of wastewater lift stations being installed in Monroe
County's public ROW, the County enacted Ordinance 031-2013 which allowed property/home owners
associations to plant limited landscaping to beautify the area surrounding the wastewater lift stations
when they provide an agreement to maintain the landscaping so the County will not be burdened with
the cost of maintenance; and
WHEREAS, the Board of County Commissioners desires to allow limited landscaping in other
areas of the County's right-of-way in an effort to allow beautification of these areas while maintaining
safety standards and when permittee(s) are responsible for maintenance of improvements; and
WHEREAS, Chapter 19 of the Code needs to be updated and amended to provide new and
revised definitions, fees, and to delete provisions which are no longer appropriate; and
WHEREAS, Chapter 19 of the Code also needs to be updated and amended to provide
clarification on the right-of-way permitting and appeal process;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 19-31 Definitions shall be amended to read as follows:
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See.19-31. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Arterial road means a road carrying a higher volume of traffic than a local or collector road, that is used
primarily for traffic traveling a considerable distance and as otherwise defined in F.S. § 334.03(1). An
arterial road is generally continuous and is used as a main traffic artery.
Collector road means a road that carries traffic from local roads to major thoroughfares and includes the
principal entrance roads of a residential subdivision and as otherwise defined in F.S. § 334.03(4).
County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8).
Governmental or subgovernmental agencies means the state and its various agencies and departments,
the United States of America and its various agencies and departments, political subdivisions of the
state, including counties, incorporated municipalities of the state, drainage districts, and such taxing
districts and special agencies and bodies as are created by county ordinances, state statute or by special
act of the legislature, and as otherwise defined in F.S. § 334.03(12).
Florida Green Book means the most recent version of the Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways.
Groundcover means sod or similar low prowing herbaceous vegetation.
Limited Landscaping means trees and shrubs which the permittee agrees to maintain, subject to the
limitations as set forth in Section 19-33.
Local road means a road designed and maintained primarily to provide access to abutting property, and
as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through
traffic.
Permit means the written permission of the board of county commissioners through the office of the
eeuftty engineering Engineering Services Department and Director of Engineering Services to
enter onto the public rights -of -way within the county road system to perform the construction or
installation as specified in that instrument.
Permittee means any individual, firm, association, syndicate, copartnership, corporation, trust or any
other legal unit commencing proceedings under this article or obtaining a permit as provided herein to
effect construction within the public rights -of -way of the county.
Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph,
radio, cable television, transportation, communication or other system by whomsoever owned and
operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority,
BellSouth/AT&T, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or
their successors, affiliates, subsidiaries or assigns.
Public rights -of -way means land that is dedicated or deeded to (or is now used or will be used by) the
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county as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other
purposes, including those rights -of -way within municipalities that by virtue of bilateral agreements
between the municipality and the county are subject to the jurisdiction and control of the county
engineering department; and those state secondary roads for which maintenance has been assigned to
and accepted by the county. Until such time as the board of county commissioners accepts ownership
and responsibility for the maintenance of a right-of-way, it shall not be considered part of the public
rights -of -way for the purposes of this article except in cases where the title to such right-of-way was
vested in the county prior to June 11, 1963.
Public works manual means the current edition of the "Monroe County Public Works Manual, Parts
and 2."
Road means the same as that term is defined in F.S. § 334.03(23).
SECTION 2: Section 19-33 Permit required shall be amended to read as follows:
Sec.19-33. - Permit required.
(a) County public right-of-way use permits shall be required for all roads and streets to be
constructed or improved in existing rights -of -way; and all roads and streets that are to be
dedicated to the county; all construction or installation or maintenance of any public or private
utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object
in the right-of-way or easement, other than those constructed or maintained by the county, within
rights -of -way of the county road system as defined in F.S. § 334.03. ADS car tlt zl be
� rformed within the roadbed shall only tforrricd by fLer L contr ct r licensed to d
pork in Monroe olla! . Construction or installation within county -owned canals and
county -owned waterways will likewise require a permit from the Monroe County building_
department. A permit from the Florida Department of Transportation is required for the
construction of accessways to or construction within the rights -of -way of any part of the state
highway system as defined in F.S. § 334.03. A permit cannot be obtained for placing boulders,
irrigation or electrical lighting systems er- landseaping within the county public right-of-way_,—
eNeept
t#et $
(1) A property/homeowners association, as set forth in Chapter 720, Florida Statutes, may be issued
a permit for limited landscaping around wastewater lift stations and for limited landscaping,
subject to the limitations set forth below, when the association provides a written agreement
recorded in Monroe County Official Records that promises for all maintenance of landscaping to
be the sole responsibility of the association.
(2) A property owner or property/homeowners association may be issued a permit for limited
landscaping, as defined in section 19-31, subject to the following limitations:
No landscaping is permitted within the clear sight triangle of any road or drive, or within 50 ft. of
an intersection as shown in Detail 6.0 of the Monroe County Public Works Manual;
A minimum 7-ft. wide clear zone, measured from the edge of asphalt, is to be maintained for off
street parking and kept clear of all plantings (except groundcover) and branches at all times;
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Trees and shrubs will be planted and maintained so that they do not impact the paved road surface
(roots of mature trees) or utilities;
Shrubs must be maintained to a hei t _of no__ eater than 3-ft., xcg t w en �.. u fitted for the
pt s _rQqnstewater lift stations;
Landscaping must conform tote types specified in section 11- 10 b (e' s1
and must not bear fruit, nuts or seeds that may create a hazard by dropping on the right of way;
No trees maybe planted under overhead utility lines.
The DroDerty owner or oMrty owners/homeowners association is responsible for and shall
indemnify the County from any and all liability, claims, demands or causes of action relating to
or arising from any permitted work. The county reserves the right to require the property owner
or association to remove any permitted work in the county right-of-way.
(11))(:C) Failure to maintain the county ri ht-of-waymay result in the count__ reggpiring the
permittee to remove, or the county removing with its own forces/staff, anything within the
right-of-way and/or prosecuting violations in accordance with Chapter 8 of the Monroe County_
Codes. Failure to comply with this section or section 19-40 will be prosecuted in accordance
with Chapter 8.
The Count has the right to remove at any tipjg-p)jNnjz within its ri ht-of-wa without notice.
SECTION 3: Section 19-34 Exemptions shall be amended to add the following:
(3) A right of way permit is not required to place pea rock, sod or similar ground cover on
the county right-of-way. Pea rock must be placed in a thin layer such that it does not
restrict flow of stormwater off of the paved roadway onto the shoulder and it must be
maintained so that it does not impact the roadway. Ground cover must be of a type and
height that it does not prevent off street parking along the right of way_
SECTION 4: Section 19-35 Permit review by the county engineering director shall be amended to read
as follows:
Sec. 19-35. - Permit review by the Engineering Services Director.
The board of county commissioners hereby authorizes and empowers the engineering director or his
duly authorized representative to receive and review permit applications, collect fees, and issue permits
in a timely manner allowing the permittee to enter onto the public rights -of -way within the county road
system to perform specified construction or installation. No work may be performed in county
rights -of -way or easements, except as noted in sections 19-34, 19-36, and 19-45 until plans have been
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submitted in conformance with section 19-38 and a county public right-of-way use permit has been
issued by the engineering director. Permit applications under Section 19-38 of this Article for
anything specifically prohibited in the rights -of -way shall not be accepted or processed by the
Engineering Services Director.
SECTION 5: Section 19-36 Public and private utility; special provisions and general permits shall be
amended to read as follows:
Sec.19-36. - Public and private utility; special provisions and general permits.
All public and private utilities, as defined in section 19-31, are hereby granted a general and continuing
permit to perform maintenance and emergency repairs as may be required to maintain their service,
without the issuance of a formal permit or the payment of a fee, except as provided for in subsection (1)
of this section, and subject, however, to the notice requirements of subsection (3) of this section.
(1) A formal permit will be required by of a public or private utility without the payment of a fee
when:
e.—4}nstallation or repair of a service will cause damage to an existing roadway or disrupt a
previously permitted or grandfathered driveway access or other permitted feature in the
county right-of-way_
(2) Any work other than installation of a wooden or concrete pole and overhead wires that a
utility proposes to accomplish in the county right-of-way that will be accomplished within six feet
of an existing roadway or any other previously permitted features within the county right-of-way
shall be brought to the attention of the Engineering Services D--director of publie we ss, or his
designated representative, for a determination as to the possible effect on the roadway or other
permitted features and whether the issuance of a permit is required.
(3) A permit will not be required when a public or private utility will perform work in the county
right-of-way that will not cause damage to any county -owned or permitted feature within the
right-of-way; provided, however, that the Engineering Services De artment -Publie we
depaFe is duly noticed in writing by the public or private utility that such work will be in
progress and the anticipated time of completion.
(4) Request for permits as prescribed by subsection (1) of this section with the exception of an
emergency repair permit (see subsection (5) of this section) will be as prescribed by the application
procedures in section 19-38. No fee will be required. Insurance and bonding requirements as
outlined in section 19-39 are waived for a public or private utility; however, a subcontractor for a
public or private utility shall be required to obtain such insurance and bonding, and the public or
private utility shall submit evidence of such insurance and bonding to the Director of Engineering
Services ' or his representative prior to the commencement of work by a
subcontractor.
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(5) Emergency repair of a utility as prescribed by subsection (1)b. of this section may be
accomplished immediately and a permit request in a written form outlining the type of work to be
done, and the location may be obtained the next business day from the Director of Engineering
Services ' or his designated representative.
(6) It is not the intent of this section to restrict a public or private utility in any way from
performing its service to the public as required and regulated by the public service commission or
the applicable state statutes. Local government entities have statutory authority to issue permits and
prescribe and enforce reasonable rules or regulations pertaining to the use of those right-of-ways
under their jurisdictional control. Public or private utilities granted the right to use the right-of-way
have a duty and the county requireds that they restore a public road or public right-of-way to its
original condition at the public or private utility's expense when such facility is damaged in the
course of installing, repairing or maintaining physical plant by that utility.
(7) The physical plant of any public or private utility heretofore or hereafter placed upon, over or
along any public road that is found by the county to be unreasonably interfering in any way with
the convenient, safe, or continuous use or maintenance, improvement, extension or expansion of
such public road shall, upon 30 days' written notice to the public or private utility or its agent by
the board of county commissioners, be removed or relocated by such public or private utility at its
own expense.
(8) Construction standards and specifications as outlined in section 19-42 shall be incorporated
into all work accomplished for a public or private utility by its own personnel or contracted out to
county or state licensed contractors. A concrete slab is not required when repairing roadways;
however, the utility will assure and certify to the county that the base being installed as a result of
excavation within a right-of-way conforms to county standards and has been compacted to a
density not less than 98 percent of density as determined by the AASHTO Test Method T-180.
SECTION 6: Section 19-37 New utility construction in the county right-of-way of Loop Road,
Mainland, Monroe County shall be deleted in its entirety:
Section 19-37 Reserved.
A utility . a e..taldng .. to be 1..e te.l i the T .. .
Dead
first
J uva a.ua�a nstpaetie work p right of
must
f and
€ederal--ageneies with-jur-isdietien ever- the -wetlands or-submefgea land befer-e
the state and
begififling the
SECTION 7: Section 19-38 Application procedures shall be amended to read as follows:
Page 6 of 15
Sec.19-38. - Application procedures.
(a) All applications for county public right-of-way use permits, accompanied by the appropriate fee,
and including €eursketehes-two scaled drawings, plans or drawings that include all pertinent dimensions
and show current utilities on sib of the proposed construction or alteration, shall be submitted to the
eounty engineering En 'neering Services Director or his designee. Permit applications for
anything specifically prohibited in the rights -of -way shall not be accepted or processed by the
engineering director. All construction within county public rights -of -way shall conform to and meet the
technical standards and specifications of the county as contained in the document entitled, "Public
Works Manual: Standard Specification and Details;", the Florida Greenbook, and/or land development
regulations, as applicable. Application for access to or construction within state road rights -of -way shall
be submitted to the Florida Department of Transportation.
(b) All applications for county public right-of-way use permits submitted by the owner or permittee,
his engineers or legal representative, shall contain the following:
(1) The name, address, including zip code, and telephone number of the owner and permittee, and
his or their engineers;
(2) The name, address, including zip code, and telephone number of the applicant's authorized
agent for permit application coordination, together with proof of authorization;
(3) A general description of the proposed project, its purpose and intended use, including a
description of the nature and type of construction; composition, etc.; date when the activity is
proposed to commence and approximate date when the proposed activity will be completed,
including legal description, or street address and approximate nearest mile marker and key; and an
explanation or detailing of any additional information reasonably required by the engineering
director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil
percolation test, etc.; and
(4) —Two copies of scaled drawings, sketches, plans or drawings with all pertinent
dimensions noted, of the proposed construction or alterations showing project location; location
within the right-of-way; and typical cross sections of topographical and drainage details showing
existing utilities, underdrains, culverts, headwalls, driveways or any other existing structures, if
affected by the activity, together with all proposed structures, modifications and activities when
deemed necessary by the Engineering Services De artment . All drainage
structures shall be constructed in accordance with the county public works manual and the Florida
Greenbook. The drawings shall be drawn to scale, or otherwise prepared so as to reasonably depict
the activity and shall show a north arrow for orientation. The application fee must be submitted
with the completed application.
SECTION 8: Section 19-39 Insurance and bonding shall be amended to read as follows:
Sec.19-39. - Insurance and bonding.
Any contractor performing work in a county right-of-way shall hold such licenses and insurance
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coverage as is required by Monroe County construction contractor regulations Any contractor performing
work in a county right-of-way shall hold such insurance coverage as is required by the county risk administrator
and license and insurance coverage shall be Rrovided to the coup 's engineering department before work is
commenced.
(a) Uel err-speeifieally waived by the —1 eafd of e9unt7r ,, er- the ceaiity engifleefing
d4eetef, the pefmit shallnet be ef€eefi=: er- anT-pur-pese whatsoever- and! the -egpneant,-or- his
- --Rd autemebile liability insufanee ...ith eembined single HwAts ef liability of no less than
$300,000.09 for- bodily if�ar-y and property damage eevefage equeA to er- in exeess of the fellewing
(b) An exeeuted right of way bond er- ether- f-efm of sufety aeeeptable to the engineering dir-eetef may,
estimated eest of eanswa i�__R. head shall be ift e&et fer- a period of net less than 30 days and net
fnefe than 90 days after- fined inspeetieft and aeeeptaaee of work by the depaF6-aent. A leAef
leave the right of way or- easement in a eendifien that is as geed as or- beaer- than that whieh existed
SECTION 8: Section 19-40 Permittee responsibilities for damages or impairment to county roads or
rights -of -way during construction, installation, etc. shall be amended to add the following:
(1) Permittee is responsible for damages or impairment to county roads or rights -of -way during
construction, installation, etc.
SECTION 9: Section 19-41 Access driveways shall be amended to read as follows:
Sec.19-41. - Access driveways.
(a) A request to install a single-family residential driveway access shall be submitted indicating the
street address, lot and block number, a description of the nature of the construction (size) distance from
side lot lines and intersections (if applicable), and the amount of intrusion into the county right-of-way.
No insurance or bonding is required.
(b) Access driveways onto rights -of -way will be a maximum of 24-feet wide and shall be limited to the
least possible number required to adequately serve the intended use and shall conform to all applicable
traffic safety standards. Prior to installation within county rights -of -way, the application shall be
reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other
facilities located within rights -of -way or easements. Once a permit is issued, all construction and
improvements shall be subject to inspection by the engineering department.
SECTION 10: Section 19-42 Construction standards and specifications shall be amended to read as
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follows:
Sec.19-42. - Construction standards and specifications.
All construction, repairs and/or restorations within county public rights -of -way and easements shall
conform to the technical standards and specifications as contained in the Florida Greenbook and the
1995 edition of the "Monroe County Public Works Manual," which manual is hereby adopted pursuant
hereto and, by reference, incorporated herein. Revisions to the 1995 "Monroe County Public Works
Manual" may be adopted by the board of county commissioners by resolution.
SECTION 11: Section 19-43 Fees shall be amended to read as follows:
Sec.19-43. - Fees.
(a) The board of county commissioners hereby establishes reasonable application and permit fees to be
charged by the engineering department for activities permitted hereunder.
(b) The following fee schedule shall be applied to all construction or installation upon or within the
public rights -of -way, except in the following instances:
(1) Where the construction performed is for the benefit of a governmental or subgovernmental
agency and applicable fees are specifically waived on an individual project -by -project basis by the
director of engineering;
(2) Where the permittee is under contract to deliver the constructed project over to a
governmental agency upon completion of the project and the director of engineering has waived
applicable fees for such project consistent with subsection (b)(1) of this section;
(3) Where the right-of-way lies within the corporate boundaries of a municipality and the
municipality charges a permit fee for inspection of the same construction or installation work; or
(4) Where work is performed by a public or private utility as outlined in section 19-36
(c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in
an amount determined by the engineering director pursuant to the following schedule. In the event a
construction permit is denied, only the application fee shall be payable.
(d) The engineering department shall charge and collect fees for the items at rates listed in the
following schedules:
(1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county public
right-of-way use permit applications. If the permit application is approved, the application fee will
be applied to the permit fees as detailed under subsection (d)(2) of this section.
(2) Permit fees. Fees for $'licwer4Ea construction, under permit issued by the engineering
department, ink, road and street rights -of -way and easements in the unincorporated area of the
county and in the rights -of -way offs, roads and streets located within municipalities that are
maintained by the county are established as follows:
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a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
For 100 lineal feet or fewer 1 $30.00 1
For each additional 100 lineal feet or fraction I
6.25
thereof
b. For French drains, consisting of catch basin and seepage trench or slab covered trench:
For the installation consisting of one or two catch
basins, and seepage trench or soakage pit of
lengths not to exceed 100 lineal feet
$30.00
c. For construction or replacement of sidewalks, curb and gutter:
[For 100 lineal feet or fewer 1 $25.00 1
For each additional 100 lineal feet or fraction I
6.25
thereof
d. For construction of driveways:
For driveway width of 204 feet or fewer
$25.00
For Commercial driveway width greater than 204
feet but less than 40 feet (each driveway)
Additional 15.00
Page 10 of 15
For Commercial driveway width greater than 40 Additional 20.00
feet (each driveway)
e. For construction of street pavements:
1. One -lane or two-lane pavements (width of pavement zero to 24 feet):
For 100 lineal feet or fewer 1 $50.00
For each additional 100 lineal feet or fraction I
10.00
thereof
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
For 100 lineal feet or fewer 1 $100.00
For each additional 100 lineal feet or fraction I
25.00
thereof
Page 11 of 15
gf. For construction of curb separators:
I For 100 lineal feet or fewer 1 $25.00 I
For each additional 100 lineal feet or fraction I
5.00
thereof
iat. For installation of permanent -type traffic barricades, guardrails and guide posts:
For each 100 lineal feet or fraction thereof $12.50
jL. For construction of street or driveway culvert crossing of canals and drainage ditches
(not controlled by DEP):
For each lineal foot pipe, per foot of pipe $1.00
diameter or fraction thereof
Page 12of15
ki. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
(3) Penalty fees.
a. When work for which a permit is required is commenced prior to obtaining a permit, a
penalty fee will be imposed. If the applicant can show that failure to apply for a permit is
based on a good -faith belief that the construction is not affecting the county right-of-way, the
penalty fee may be waived at the discretion of the engineering director; provided, however,
that violators promptly apply for a permit and pay all applicable fees.
b. The penalty fee shall be $250.00 plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation from
fully complying with all of the requirements of all applicable regulations and codes, nor shall
it relieve any person, firm or corporation from being subject to any of the penalties therein.
SECTION 12: Section 19-44 Relocation upon notice by the engineering director shall be amended to
read as follows:
Sec.19-44. - Relocation or removal upon notice by the engineering Services dDirector.
Any permission granted for construction under this article does not constitute and shall not be construed
as permitting a permanent installation within any public right-of-way. Any facility or other permitted
work within the public right-of-way shall be relocated, of reconstructed, or removed by the owner at his
sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any
project performed by the county or its authorized representative, that is deemed to be in the interest of
the general public within 30 days of the request. -It shall be the responsibility of the engineering director,
or the utility performing work requiring removal to provide notice to the affected permittees at the
earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the
owner requests additional time up to a maximum of 180 days, this may be granted by the office of the
engineering director upon receipt of a letter stating adequate grounds to support the owner's position that
additional time is necessary to complete the relocation. If the extension of time requested by the owner
is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the
owner may appeal to the board of county commissioners by written request; and the time for relocation
shall be stayed while the appeal is pending. Where the county has requested relocation, permits shall be
required to approve the new sites of the utility facility, but permit fees shall be waived. Utility
placements and relocations shall be governed as provided by general law.
SECTION 13: Section 19-46 Appeals shall be amended to read as follows:
Sec.19-46. - Appeals.
Any party claiming to be aggrieved by a decision of the engineering director, may appeal to the board of
county commissioners by filing a written notice of appeal with the engineering director within 30 days
of the date of denims the decision. Once a defri-aI decision has been made rued by the eeuety
Page 13 of 15
e eer agdifeetefEn 'neering Services Director or his designee, the aggrieved party shall be restricted
to only the appeal to the BOCC within 30 days of the deems decision and shall not be allowed to submit
a second application or a petition for clarification, or any other mechanism to attempt to create a new
date from which the 30 days for appeal shall run.
SECTION 14: Section 19-43 Time limits shall be amended to read as follows:
Sec.19-47. - Time limits.
(a) Within sever} Fourteen (14) days after receipt of an application for a permit under this article, the
En 'neering Services dDirector ef-engineering (or his designee) shall review the application and shall
request submittal of any additional information . If ke
denied.the appheant shall nefify the dir-eeter that the appheant objeets, the grounds theFefefe, and that he will
Fely,apen his appellate fights under- seeden 19 46 in the event the pemiit is Within Fifteen 151
days after receipt of any submitted additional information, the director shall review it and may request
mat information needed to clarify such additional information or to answer new questions raised by
or directly related to such additional information. fthe -apph , uest of the difeet^r- fe
Permits shall be approved or
denied within thirty (301 days after receipt of the original application, the last item of timely requested
additional material, or the applicant's written request to begin processing the permit application,
whichever shall have last occurred. If the application is not approved or denied in writing within
three -hundred and sixty �3601 days after the last submittal, it shall be deemed approved and the applicant
may demand the permit be issued. Applications for permits may be denied solely on the basis of actual
and irreconcilable conflict of the proposed work with provisions of the public works manual and any
federal, state, or county law. Any denial of an application must state the specific basis upon which the
denial is based. The permit shall be considered valid for six months beginning on the date of issuance
unless the commencement date shall be beyond such time. If work does not commence by the end of this
period, the permit shall be considered void and reapplication shall be necessary. Work must be
completed by the completion date indicated on the application unless the permit is extended upon
request to the department of engineering with an explanation of the basis for such request.
(b) A request may be faade te the dir-eeter of with the filing ef an appheatien fer- expedited
pr-eeess the same within five days after- reeeipt.
SECTION 15: Section 19-48 Restoration and penalty shall be amended to read as follows:
Sec.19-48. - Restoration and penalty.
No person shall use county rights -of -way or easements for any purpose for which a permit is required by
this article without first obtaining a permit therefore unless otherwise authorized by law. In the event
county rights -of -way or easements are used and/or construction or obstruction takes place without a
permit, upon written notice by the ei aeerieg-dir-ec-tecounty, which notice may be provided by the
engineering department or the code compliance department, the person shall apply to the engineering
Page 14 of 15
director or his designee for an after -the -fact permit and pay all fees and penalties as provided in section
19-43 of this chapter and shall restore to its original condition any area for which an after- the no
permit may not be issued to its efiginal eenditien and cease any non_permitted use e*eept as fleted in
seeti en 49 A 3(b
SECTION 16: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 17: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 18: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
SECTION 19: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the th day of , 2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
Deputy Clerk
Page 15 of 15
Mayor/Chairperson