Item J1BOARD OF COUNTY COMMSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: july- 15, 2015 Department: Engineering Services Department
Bulk Item: Yes — No X Staff Contact /Phone #: Judv Clarke Ext. 4329
1wrelpill mill UWIIIR�W too'
aanaapprovaiioaaveniseapubilcheanng to
consider adoption of an Ordinance of Amending Chapter 19- Roads and Bridges of the MCC.
prepare a draft ordinance. Based upon the BOCC's direction, the attached draft ordinance was
prepared. A legal memorandum addressing the ROW issues discussed at the October meeting is now
included in the agenda back-up.
----- ------
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.
R&Ik-wo) 11 MIN" MO. - 11W.1611% I
STAFF RECX
Ordinance Amending Chapter 19 of the MCC.
TOTAL COST: $0 . INDIRECT COST: ----BUDGETED: Yes —No
DEFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:- $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County AttornOr OMB/Purchasing — Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Revised 6/15
93=17�
AGENDA ITEM
DISPOSITION: AGENDAITEM#
Revised 6/15
County
ofMonroe
e- Inori& Keys
Robert B. Shillinger, County Attorney**
Pedro J. Mercado, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney**
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
Peter H. Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. law
Robert
_ • County , -
BOARD OF COUNTY COMMISSIONERS
Mayor Danny L. Kolhage, District 1
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 I P Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
• f i .: • t s..VN9•:.,• �.
Assistant
County Attorneys
County1. Can the • for permittinglandscaping/structuresr4
the • 1
Role]W14 • - • • • _ _ • • . I• •
t The Supreme Court in Commercial Carder Corp. v. Indian River County, which involved failure to repair an
inoperative traffic light resulting in an intersection collision, found that maintenance of a traffic light or maintenance
of a stop sign were not activities that fell within the category of governmental activity which involved broad policy or
planning decisions; they were operational activities and therefore were not immune from tort liability.
1
intersections- a - • obstructions ren• -rs their conduct immune fro
liability as a discretionary or policy decision 2 . The Florida Supreme Court set forth t
following ' j,1 order to determine - - governmental acti
discretionary policy decision that is immune from liability. I
D•''thechallengedact,omission, or decision• •a
governmental policy, programor objective?
evaluation,3) Does the act, omission or decision require the exercise of basic policy
•• and expertise on part of - governmental agency •
4) Does the governmental agency involved possess the requisite constitutional,
statutory, or • and duty to i• or f-•
omission, or decision?
courtThe `• that: "[i]f these preliminary questions can be s unequivocally
answered• • act, omission, or decision
reasonable degree of assurance, be classified as a discretionary governmental process
and nontortious, regardless of its unwisdom. If however, one or more of the questions call
for or suggest a negative answer, then further inquiry may well become necessary,
depending upon the facts and circumstances involved. &
`courtso1statedthat even absent• f • • i • •
Statutes, for discretionary functions, certain policy -making planning or judgmental
governmental •ns cannot be the subject of traditional tort liability.
In determining the liability of a governmental entity for negligence, the court must look at
• separate and •istinct issues: 1) whether there exist a commonor • duty of
care which inures to the benefit of plaintiffs as a result of - alleged negligence,and
alleged2) whether the action is one •r which sovereign immunity has been -•
In Armas v. Metro. Dade County, 429 So. 2d 59 (Fla. 3rd DCA 1983), a motorist sued
claiming that the accident had occurred, at least in part, because his view of the stop sign
2 The Supreme Court stated that, it is clear, however, as held in both State of Florida cases DOT v. Kennedy and Foley
v. D07(citations omitted See Armas last page)), with which we agree, that there is no merit to this position. The court
did recognize that they extend to which financial and manpower resources are available may be admissible for jury
consideration as to whether reasonable care has been exercised W. Prosser, Law of Torts § 31 (4°b ed. 1971).
3 Carrier at 1019 quoting Evangelical United Brethren Church ofAdna v. State, 407 P.2d 440, 445 (Wash. 1965).
4 Id at 1020.
5 (See Brown v. Department ofHRS, 690 so. 2d 641, 643 (Fla. 4°h DCA 1997 (citing Trianon Park Condominium Ass'n
v. City of Hialeah, 468 So. 2d 912 (Fla. 1985)). In Kaisner v. Kolb, 543 So 2d 732, 734 (Fla. 1989), the Supreme Court
stated as to governmental liability "that the court must find no liability as a matter of law if either (a) no duty of care
existed or (b) the doctrine of governmental immunity bars the claim."
2
employees, exercises its discretionary power to enforce compliance with the laws duly
enacted by _«r government -
forthTrianon set - framework for• whether a governmental entity was subject
and the protection of the public safety; (111) capital improvements and property control
pe • and providing professional, • • and general servicesfor
health •' welfare of
This discretionary power to enforce compliance
authority• protect the public safety, is mostf .• - • in
law enforcement • discretionary
toenforce
compliance
•with given 1regulatoryofflcials...
building • 1
duty of care with respect to these legislative, executive, and police
power functions, and the statutory waiver of sovereign immunity
• • notcreate a newdutyof
Generally, the Courts have found no cause of action for failing to enforce provisions of the
building and zoning codes12. It is well established that "[p]olice power is the sovereign
right of the state to enact laws for the protection of lives, health, morals, comfort and
'Id at 919.
10 Id. (emphasis added).
11 Id. (emphasis added).
12 (See Detournay v. City of Coral Gables,127 So. 3d 869 (Fla. 3D DCA 2013) (the Courts have no role in advising or
directing a government when, if and how to maintain an administrative enforcement action.) See also Brown v.
Department of Health & Rehabilitative Services, 690 so. 2d 641 (Fla. 4th DCA 1997)In Elliott v. Hollywood, a
motorcyclist was injured when he collided with another vehicle and sued the City for failure to enforce a vegetation
ordinance which prohibited a homeowner from growing bushes and hedges as to interfere with the vision of motorist.
In dismissing the action against the City the Courtin applying the four-part inquiry found that the City's alleged
failure to enforce its ordinance was a planning decision as opposed to an operational one. The four-part inquiry, asks:
1) Does the decision not to enforce the ordinance involve a basic governmental policy?
2) Is the decision essential to accomplish the policy?
3) Does the decision require the exercise of basic policy evaluation, judgment and expertise?
4) Does the City have the lawful authority to make the decision?
In answering in the affirmative to the questions above, the court stated that Municipalities have limited
financial resources and must plan how best to allocate them. As long as their decisions are legally permissible, it is not
for the court to second guess them.
4
general welfare."13 "A great deal of discretion is vested in the Legislature to determini
public interest and measures for its protection.
While there is no risk of liability to the County involved in permitting property owners to
place ground cover in the right of way, that risk increases should other forms of
landscaping or structures be permitted to be placed in the right of way, that risk increases
significantly. The proposed ordinance has been drafted with an eye towards minimizing
that risk.
13 Newman v. Carson, 280 So. 2d 426,428 (Fla. 1973) (citations omitted).
14Id., Scarborough v. Newsome, 7 So. 2d 321 (Fla. 1942); Holly v. Adams, 238 So. 2d 401, 407 (Fla. 1970).
5
ORDINANCEAN ' 1 ! BOARD 1
CHAPTERCOUNTY COMMISSIONERS AMENDING c, OF
THE MONROE COUNTY CODE; PROVIDING FOR
RIGHT-OF-WAY PEP -MIT FOR LIMITED LANDSCAPING;
PROVIDING FOR NEW AND REVISED DEFINITIONS;
PROVIDING FOR ANY PERMITTED WORK TO
BE
MAINTAINED BY I r PROVIDING FOR
REVISIONS PROVIDING FO
# : '...
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 Co ("Code") was amended by Ordinance 02-2010
to prohibit permits to be issued for boulders or landscaping within the County's public right-of-way
(ROW); and
installationWHEREAS, in 2013 with of . lift stations being installed in Monroe
County's public ROW, the County• Ordinance 031-2013 which allowed property/home owners
asso• plant limited landscaping to beautify the area surroundingstations
when they provide an agreement to maintain the landscaping• be r with
the cost of maintenance; and
WHEREAS, - Board of • desires to allow
standards9.reas of the County's right-of-way in an effort to allow beautification of these areas while maintaining
safety responsibleare• and
Ell
N
W
• • •. NO MMOM •
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,
[Kold kyj 1 11313 01 IMS11 oil Louguali !1�
Sectionbe • to read as follows:
z
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 to 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 ofthe
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 ofIfni lbrm Minimum Standards for
Deskzn, Construction and Maintenance for Streets and Hizhways.
Groundcover means sod or similar lowarowiniz herbaceous vegetation.
Limited Landscapin-a means trees and shrubs which the permittee agrees to maintain. subject tothe
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
Engineering Services Department and ❑ire:c:tor 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.
Permillee 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-qflway means land that is dedicated or deeded to (or is now used or will be used by) the
Page 2 of 15
county as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other
[turposes, 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 I
and 2. "
IIP I i I i I I I I I I I I I I i I I I I i i I I I
See. 19-33. - Permit required.
Ua 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 tothe 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 oft e county road system as defined in F.S. § 334.03. Construction or installation
within county -owned canals and county -owned waterways will likewise require a pen -nit 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 placin r boulders. irrigation or electrical lightim-, systems or larldseapii+g
within the county public right-of-way. --except
that a
(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 I i ni i tat i ons 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 oft e association.
(2) A property owner or -property/homeowners association may be issued a permit for limited
landscapina, as defined in section 19-31 . subject to the followigg 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 parkiniz and kept clear of all Planting gs (except groundcover) and branches at all times:
Trees and shrubs will be planted and maintained so that they do not impact the paved road surface
(roots ol'i-nature trees) 01' LitilitiCS,
Shrubs must be maintained to a height of no greater than 3-
Lan scapi ust be native species or tropical and must not bear it, nuts or seeds that may
create a hazard by dropping on the right of way:
MMMMI FMM�
(1)) The property owner or property owners/homeowners association is responsible for and shall
indemnIN the County from an Y to
y and all liability, claims, demands or causes of action relating
or arlishig from any permitted work. The county reserves the right to require the property owner
or association to remove any permitted work M the county riglit-or-way.
"(C) Failure to maintain the county right-of-aav result in the county requirmy-the
permittee to remove. or the county removing with its own forces/staff. anything within the
right-of-wav 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.
(d) The County has the ripht to remove at anv time amithing within its right-of-wav without notice.
III !ill 111 1 1
the county right of way. Pea rock must be placed in a thin laver such that it does not
restrict flow of stormwater off of the paved road av 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:
See. 19-35. - Permit review by the eaunty engineering dire Engineering Services Director.
The board of county commissioners hereby authorizes and empowers the engineering director or his
duty 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
submitted in conformance with section 19-38 and a county public right-of-way use permit has been
issued by the engineering director. Pert -nit 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
Enginecriiig-Services D'irector.
SECTION 5: Section 19-36 Public and private utty; special provisions and general permits shall be
amended to read as follows:
See. 19-36. - Public and private utility; special provisions and general permits.
All public and private utilities, as defined in section 19-3 1, 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 2f a public or private utility without the payment of a fee
when:
a. finstallation or repair of a service will cause damage to an existing roadway or disrupt a
previously permitted or gran fathered driveway access or other permitted feature in the
county right -of -way., —,or—
b. in eases whefe an emergene., ea ises daii4age to ii e� i astiiig foadway—,-aa
after the faet pewait will be isstied tIAW utext businesi day. Seeseetion 19 45
(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 ')'C1_VjCCS 1) director of publie works —,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
q - ry �
right-of-way; provided, however, that the 1`111,11-11CC11ft! DOI-u- - tii,,ciit publie wei-kq
depai4me 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 Direcwi-
or his representative prior to the commencement of work by a
subcontractor.
(5) Emergency repair of a utility as prescribed by subsection (I)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
S "ei'v;cc-difectef of pul+4&NAm4es, or his designated representative.
.. s
(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-o.f-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 utty construction in the county right-of-way of Loop Road,
Mainland, Monroe County shall be deleted in its entirety:
Section 19-37 Reserved.
See. 19 37. New utifit�, eonstr-uetion in time eounty right of way of Loop Read, Mainla
County.
A wility uiidenaking ROM' 601IStFU04011 WE)FIE W It- 1A H the 1,00p Read Figh! @� way mus; fii-s
obtain the par-f:nit r-equired by the g Enty depar-mien! 4 Fesetirves, and
49
.. . . .......
See. 19-38. - Application procedures.
(a) All applications for county public right-of-way use permits, accompanied by the appropriate fee,
and including fout- ske�ehe--,two scaled drawings, plans or drawings that include all pertinent dimensions
of the proposed construction or alteration, shall be submitted to the e-ount-y- el-Igilleeml-W
Director or his designee. Permit applications for anythinia specifically
I �-. . ,,.:
prohibited in the rights -of -way shall not be accepted or processed by the engillicerillig 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) Four Two copies of scaled drawings. sketches, plans or drawings with all 12c]-tinent
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 L.'ilwiiiccriiig Serviccs I)epiii-onewpublie weFlis depaftment. All drainage
structures shall be constructe—d in accordance with the county public works manual and (lie 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 applicatioll fee 111ust be submitted
with the completed application.
III a 1111,11�11, 1 11111111 11 1111111 1111111 1 �&Z H M a , M1*J MW M. Rl I ill•
Sec. 19-39. - Insurance and bonding.
Any contractor perforiiiiirig work in a counter right-of-wav shall hold such licenses and insurance
coverage as is required by Monroe County cotistrLiCti011 contractor regulations.Ajiy cont:-actor Mrilbrinin
work in a coullity riglit-af-wav shall hold such insurance coverage as is required by OIC COW& risk adininistrator
and license and insurance cove�'aae shall be provided to the count s elligineerill-LY, departinent before work is
commenced.
difector, the peprnit shall not be 1_�or any purpose wh,4soevef until flie
de5igliated fepresentati,,,e. deliver-s I-o the Unty eflgifleeffift" dii---eter a ceFtifieate of geneFal liabili
ge ...E., of liability of Fte less tha,
insufanee and atiieimnobile liability insurance "49+-ee*V&�Red sing] limils o
1%300000-00 foF bodily injury and propeFt), dai:nage eo%,erage equal to U. of tile fellovan
lifnits-, $300,000.00 eombined siiit�le limit lbr pfopeFty dan bodily iF�jur-y. The eertifieate
im,�Ilr,l of
shall narne the eeunty as an additio -I.-I! be effeetive f;�F all periods of wt
eavered by this u�;e permit, and shall be in a f to the eoafliy efIging dir-eetoF.
statemen! of insaFanee f+om a self insured entity may be aecepted as a substilate.
(b) Nn eix eu*ed Fit d: AOF MR.
L L gh, o f way be nd o i- ot ef 4wm o f stifety ae eepiab 1 e to the engineevi - - FeC
at the disefetion of tie-eiigineer-ing direetot-be F ' ttifed in an amo�int equal to 110 pereent Or
estimated cost of-e-st-i-e-ion. Such bond shall be i.L effe pefied 4 not less than 30 days aiid-M
more ihan C)4-4a-Y5 a4ef: fir i and aeeeptatiee of work by the eagineefing depaFtfflelit. ■ lett,
perfol-flijillee of %yof:Ij May be deemed acceptable in keu of a hond. All r-estoratiofl
leave the Fight of way er- easement in a eendition that is as ---' as _. I,etteF than that which exiFAIE
ief to eonstrucation.
SECTION 8: Section 19-40 Permittee responsibilities for damages or impairment to county roads
rights -of -way during construction, installation, etc. shall be amended to add the following:
(1) Pennittee is resDonsible for damaues or impairment to county roads -or riuhts-of-way dut-ir-I
construction. installation. etc.
(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 (il'applicablej, and the amount of intrusion into the county right-of-way.
No insurance or bonding is required.
(b) Access driveways onto rights -of -way wit[ be a maximum of 2-feet wide and shall be limited tothe
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
follows:
See. 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 Greeribook 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.
SECTION11: Section 19-43 Fees shall be amended to read as follows:
See. 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 forte benefit of a governmental or subgovemmental
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 pen -nit fee for inspection of the same construction or installation work; or
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(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) Applicationfte. 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 publie werlis construction, under permit issued by the engineerin,,t4
department, in canal, road and street rights -of -way and easements in the unincorporated area of th-v
county and in the rights -of -way of eanals, roads and streets located within municipalities that are
maintained by the county are established as follows:
a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
I
For 100 lineal feet or fewer 1 $30.00
For each additional 100 lineal feet or fraction 6.25
thereof
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 re i
I For 100 lineal feet or fewer 1 $25.00 1
For each additional 100 lineal feet or fraction 6.25
thereof I I
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
For Commercial -driveway width greater than 40
feet (each driveway)
Additional 20.00
I For 100 lineal feet or fewer 1 $50.00 1
For each additional 100 lineal feet or fraction
thereof110.00
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
I For 100 lineal feet or fewer 1 $100.00 1
For each additional 100 lineal feet or fraction 25.0
thereof I I
For 100 lineal feet or fewer
$25.00
For each additional 100 lineal feet or fraction
thereof
5.00
III
For each 100 lineal feet or fraction thereof $12.50
jh. 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
ki. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
/�\
`-' Penaltyftes.
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.
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.
gulf
county commissioners by filing a written notice of appeal with the engineering director within 30 days
of the date of denial the decision. Once a denial decision has been made issued by the eounty
party shall be restricted
to only the appeal to the BOCC within 30 days of the denial 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 z
Sec. 19-47. - Time limits.
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(b) A reqLtest may be de — the d4eetoi- ofengineering A 444-L,lklkl—a�tion for expedited
feview and P ec-essing, a d provided at all ififiaFfflat, on feqtiir-&d as deseribed in subseetiett (a) ol'this
seetien is s�ibmiaed A,ith the applid-,Ition, the difeetOF Shall Make a feasonable eff-81IFt
the same wii five4W.; Aer Feeeipt;--
SECTION 15: Section 19-48 Restoration and penalty shall be amended to read as follows:
See. 19-48. - Restoration and penalty.
No person shall use county rights -of -way or easements for any purpose for is 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 en diFeete county, which notice may be provided by the
engincerinp- department or the code compliance departmen , the person shall apply to the engineering
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 and cease any non. -permitted use exeepll as noted in
section 19 43kb).
SF.CTION16.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.
91 'Nil I W , =0 .•
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
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I U" I I WUMUNIUM If EV W'J I rk I IN WSM I I W I I MAIM DOWWWK0101ME a to) I Eq ralowba".1 to I
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Bd 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
By
By
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