Item R46
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: R.4
Agenda Item Summary #2123
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Christine Limbert (305) 292-3470
3:00 P.M. Public Hearing
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance amending Section 19-
36 of the Monroe County Code to provide definitions, reasonable rules and regulations and
permitting requirements relating to Communication Facilities within the County Right-of-Way
ITEM BACKGROUND:
F.S. 337.401- Use of right-of-way for utilities subject to regulation;
permit; fees.-- provides that a county may impose reasonable rules or regulations relating to placing
or maintaining of communication facilities in its roads or rights-of-way (ROW). The rules or
regulations must be generally applicable to all providers of communication services and imposed in
a nondiscriminatory and competitively neutral way. In addition to other reasonable rules and
regulations relating to the placement or maintenance of communication facilities, a county may
require a provider of communications services to register with the County and provide the name of
the registrant; the name, address, and telephone number of a contact person for the registrant; the
number of the Service
Commission, the Federal Communications Commission, or the Department of State; and proof of
insurance or self-insuring status adequate to defend and cover claims.
The County has recently received an influx of permit applications relating to communication
facilities and the County currently has no specific rules, regulations or registration requirements
relating to communication facilities. The proposed ordinance is being offered for consideration in
is managed in a way to continue to allow public and private
utility services to be implemented while imposing rules to assure that these facilities are placed and
maintained in the least intrusive manner to maintain safety standards. Changes to Chapter 19,
specifically Section 19-36, are suggested to provide definitions, enact reasonable rules and
regulations, and require communication facilities providers to register with the County.
In accordance with F.S. 337.401(3)(d), the County has provided Notice of this Public Hearing to the
Secretary of State which has been published by the Secretary of State on a designated Internet
website.
PREVIOUS RELEVANT BOCC ACTION:
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The Board previously adopted Ordinance 3-1985; Ordinance 022-2004; and Ordinance 017-2015.
The BOCC adopted Resolution 094-2016 on April 20, 2016.
9/21/16 (P-10)
BOCC approved advertising/scheduled a public hearing to consider approval of this
proposed ordinance at the 10/19/16 BOCC meeting at 3:00 P.M. in Marathon, FL.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Ordinance amending section 19-36 utilities 10 10 16
Notice of Intention to Consider Adoption of County Ordinance re County ROW and Communication
Facilities/Services
FAR Notice to Sec of State req FS 337.401 BOCC 10 19 16 PH Co Ord Communication facilities
Co ROW submitted 9 22 16
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Limbert Completed 09/22/2016 1:21 PM
Bob Shillinger Completed 09/26/2016 1:59 PM
Budget and Finance Completed 09/26/2016 2:14 PM
Maria Slavik Completed 09/27/2016 7:29 AM
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Kathy Peters Completed 09/27/2016 1:43 PM
Board of County Commissioners Pending 10/19/2016 9:00 AM
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ORDINANCE ___-2016
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
19-36 OF THE MONROE COUNTY CODE; PROVIDING
FOR DEFINITIONS FOR COMMUNICATION
FACILITIES, COMMUNICATION SERVICES AND
COMMUNICATION SERVICES PROVIDER AND TERMS
RELATED THERETO; PROVIDING FOR ADDITIONAL
RULES AND REGULATIONS OF PUBLIC AND PRIVATE
-OF-WAY
INCLUDING COMMUNICATION FACILITIES;
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 an effort to ensure -of-way (ROW) is managed to
allow public and private utility services to be implemented and operated in the least intrusive
manner while still maintaining safety standards; and
WHEREAS
, F.S. 337.401 provides that municipalities and counties must treat providers
of telecommunication services in a nondiscriminatory and competitively neutral manner when
imposing rules and regulations and that rules and regulations governing the placement or
maintenance of communication facilities in the public roads or ROW must be generally
applicable to all provider of communications services, and
WHEREAS,
Section Chapter 19 of the Code also needs to be updated and amended to
provide definitions, set forth reasonable rules and regulations relating to the placement,
maintenance and registration of communication fac-of-way;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
:
SECTION 2
: Section 19-36 shall be amended to read as follows:
Sec. 19-36. - Public and private utility; special provisions and general permits; rules and
regulations for communication facilities.
(a) All public and private utilities, as defined in section 19-31, except as set forth below for
communication facilities, 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.
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(1) A formal permit will be required of a public or private utility without the payment of a
fee when installation 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
director 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
department 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.
(5) Emergency repair of a utility as prescribed by subsection (1) 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
requires 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.
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(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.
(b) Purpose and Intent. It is the intent of the County to promote the public health, safety and
general welfare by providing for the placement and maintenance of communications facilities in
the public rights-of-way within the County; adopting and administering reasonable rules and
regulations not inconsistent with State and Federal law, including Fla. Stat. § 337.401, the
County's home-rule authority, and in accordance with the provisions of the Federal
Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules
and regulations necessary to manage the placement and maintenance of communications
facilities in the public rights-of-way by all communications services providers after the effective
date of the ordinance from which this Article is derived; and minimizing disruption to the public
rights-of-way. In regulating its public rights-of-way, the County shall be governed by and shall
comply with all applicable Federal and State laws.
(1) Definitions.
For the purposes of this Article, the following terms, phrases, words and derivations shall
have the meanings given. Words not otherwise defined in this section or in any permit that may
be granted pursuant to this Article shall be given the meaning set forth in the Communications
Act of 1934, 47 USC 151 et seq., as amended (collectively the "Communications Act"), and if
not defined in the Communications Act, as defined by Florida Statutes; and, if not defined by
Florida Statutes, shall be construed to mean the common and ordinary meaning.
Communications facility or facility or system mean any permanent or temporary plant,
equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics,
poles, antennas, converters, splice boxes, cabinets, handholes, manholes, vaults, drains, surface
location markers, appurtenances, and other equipment or pathway placed or maintained or to be
placed or maintained in the public rights-of-way of the County and used or capable of being used
to transmit, convey, route, receive, distribute, provide or offer communications services.
Communications services means the transmission, conveyance or routing of voice, data,
audio, video, or any other information or signals to a point, or between or among points, by or
through any electronic, radio, satellite, cable, optical, microwave, or other medium or method
now in existence or hereafter devised, regardless of the protocol used for such transmission or
conveyance. Cable service, as defined in Fla. Stat. § 202.11(2), is not included in the definition
of "communications services" and cable service providers or providers of service via an open
video system may be subject to other ordinances of the County and shall require separate
authorization from the County.
Communications services provider means any person making available or providing
communications services through the placement or maintenance of a communications facility in
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public rights-of-way. This shall also include any person that places or maintains a
communications facility in public rights-of-way but does not provide communications services.
FCC means the Federal Communications Commission.
Place or maintain or placement or maintenance or placing or maintaining mean to erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A
communications services provider that owns or exercises physical control over communications
facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing
or maintaining" the facilities. A party providing service only through resale or only through use
of a third party's unbundled network elements is not "placing or maintaining" the
communications facilities through which such service is provided. The transmission and receipt
of radio frequency signals through the airspace of the public rights-of-way is not placing or
maintaining facilities in the public rights-of-way.
Registrant or facility owner mean a communications services provider or other person that
has registered with the County in accordance with the provisions of this Article.
Registration and register mean the process described in this Article whereby a
communications services provider provides certain information to the County.
(2) Registration for placing or maintaining communications facilities in public rights-of-way.
(a) A communications services provider that desires to place or maintain a communications
facility in public rights-of-way in the County shall first register with the County in
accordance with this Article. Subject to the terms and conditions prescribed in this Article, a
registrant may place or maintain a communications facility in public rights-of-way. A
communications services provider with an existing communications facility in the public
rights-of-way of the County, as of the effective date of the ordinance from which this Article
is derived, has 60 days from said effective date to comply with the terms of this Article,
including, but not limited to, registration, or be in violation thereof.
(b) A registration shall not convey any title, equitable or legal, in the public rights-of-way.
Registration under this Article governs only the placement or maintenance of
communications facilities in public rights-of-way. Registration does not excuse a
communications services provider from obtaining appropriate access or pole attachment
agreements before locating its facilities on the County's or another person's facilities.
Registration does not excuse a communications services provider from complying with all
applicable law, including County ordinances, codes or regulations, including this Article.
(c) Each communications services provider that desires to place or maintain a communications
facility in public rights-of-way in the County shall file a single registration with the County
that shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant's primary contact person in
connection with the registration and of the person to contact in case of an emergency;
(3) Evidence of the insurance coverage required under this Article and acknowledgment
that registrant has received and reviewed a copy of this Article;
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(4) A copy of Federal or State certification authorizing the applicant to provide
communications services, if any;
(5) If the applicant is a corporation, proof of authority to do business in the State of Florida,
which may be satisfied by the number of the corporate certification or other means; and
(6) A security fund in accordance with this Article.
(d) The engineering director or designee shall review the information submitted by the
applicant. If the applicant submits information in accordance with Subsection (c)(3) of this
section, the registration shall be effective and the County shall notify the applicant of the
sufficiency of registration in writing. If the County determines that the information has not
been submitted in accordance with Subsection (c) of this section, the County shall notify the
applicant in writing of the insufficiency of registration, and reasons for the insufficiency.
(e) A registrant may cancel a registration upon written notice to the County that the registrant
will no longer place or maintain any communications facilities in public rights-of-way and
will no longer need to obtain permits to perform work in the public rights-of-way. A
registrant cannot cancel a registration if the registrant continues to place or maintain any
communications facilities in public rights-of-way.
(f) Registration shall be nonexclusive. Registration shall not establish any right or priority to
place or maintain a communications facility in any particular area in public rights-of-way
within the County. Registrations are expressly subject to any future amendment to or
replacement of this Article and further subject to any additional County ordinances, as well
as any State or Federal laws that may be enacted.
(g) A registrant shall renew its registration with the County by April 1 of even-numbered years
in accordance with the registration requirements in this Article. Within 30 days of any
change in the information required to be submitted pursuant to Subsection (c)(3), a registrant
shall provide updated information to the County. If no information in the then-existing
registration has changed, the renewal may state that no information has changed. Failure to
renew a registration may result in the County restricting the issuance of additional permits
until the communications services provider has complied with the registration requirements
of this Article.
(h) In accordance with applicable County ordinances, codes or regulations, and this Article, a
permit shall be required of a communications services provider that desires to place or
maintain a communications facility in public rights-of-way. An effective registration shall
be a condition of obtaining a permit. Notwithstanding an effective registration, permitting
requirements shall continue to apply. A permit may be obtained by or on behalf of a
registrant having an effective registration if all permitting requirements are met.
(i) A registrant that places or maintains communications facilities in the public rights-of-way
shall be required to pay compensation to the County as required by applicable law and
ordinances of the County.
(3) Placement or maintenance of a communications facility in public rights-of-way.
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(a) A registrant agrees at all times to comply with and abide by all applicable provisions of the
State statutes and County ordinances, codes and regulations in placing or maintaining a
communications facility in public rights-of-way.
(b) A registrant shall not commence to place or maintain a communications facility in public
rights-of-way until all applicable permits have been issued by the County or other
appropriate authority, except in the case of an emergency. The term "emergency" shall mean
a condition that affects the public's health, safety or welfare, which includes an unplanned
out-of-service condition of a preexisting service. The registrant shall provide prompt notice
to the County of the placement or maintenance of a communications facility in public rights-
of-way in the event of an emergency. The registrant acknowledges that as a condition of
granting such permits, the County may impose reasonable rules or regulations governing the
placement or maintenance of a communications facility in public rights-of-way. Permits
shall apply only to the areas of public rights-of-way specifically identified in the permit. The
County may issue a blanket permit to cover certain activities, such as routine maintenance
and repair activities, that may otherwise require individual permits or may impose lesser
requirements.
(c) As part of any permit application to place a new or replace an existing communications
facility in public rights-of-way, the registrant shall provide a proposal for construction of the
communications facility that sets forth at least the following:
(1) An engineering plan signed and sealed by a Florida registered professional engineer, or
prepared by a person who is exempt from such registration requirements as provided in
Fla. Stat. § 471.003 identifying the location of the proposed facility, including a
description of the facilities to be installed, where it is to be located, and the approximate
size of facilities and equipment that will be located in public rights-of-way;
(2) A description of the manner in which the facility will be installed (i.e. anticipated
construction methods and/or techniques);
(3) A traffic maintenance plan for any disruption of the public rights-of-way;
(4) Information on the ability of the public rights-of-way to accommodate the proposed
facility, if available (such information shall be provided without certification as to
correctness, to the extent obtained from other persons with facilities in the public rights-
of-way);
(5) If appropriate given the facility proposed, an estimate of the cost of restoration to the
public rights-of-way;
(6) The timetable for construction of the project or each phase thereof, and the areas of the
County which will be affected; and
(7) Such additional information requested by the County that the County finds reasonably
necessary to review the permit application.
(d) The County shall have the power to prohibit or limit the placement of new or additional
communications facilities within the public rights-of-way if there is insufficient space to
accommodate all of the requests to place and maintain facilities in that area of the public
rights-of-way, for the protection of existing facilities in the public rights-of-way or to
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accommodate County plans for public improvements or projects that the County determines
are in the public interest.
(e) All communications facilities shall be placed and maintained so as not to interfere with the
use of the public rights-of-way by the public and so as not to cause interference with the
rights and convenience of property owners who adjoin any of the public rights-of-way. The
registrant shall endeavor to install all communications facilities underground. The County
may require the use of trenchless technology (i.e., directional bore method) for the
installation of facilities in the public rights-of-way as well as joint trenching or the
collocation of facilities in existing conduit. In making such requests, the County shall take
into consideration several factors including convenience to the public and other users of
rights-of-way and the feasibility of such requests. The registrant shall be liable for the
displacement, damage or destruction of any property, irrigation system or landscaping as a
result of the placement or maintenance of its facility within the public rights-of-way. The
appropriate County official may issue such rules and regulations concerning the placement
or maintenance of a communications facility in public rights-of-way as may be consistent
with this Article and other applicable law.
(f) All safety practices required by applicable law or accepted industry practices and standards
shall be used during the placement or maintenance of communications facilities.
(g) A registrant shall, at its own expense, restore the public rights-of-way to at least its original
condition before such work in public rights-of-way commenced, subject to the County's
satisfaction upon inspection. The registrant shall warrant its restoration for a period of 12
months after completion of such restoration. If the registrant fails to make such restoration
within 30 calendar days after completion of construction, or such other time as may be
reasonably required by the County, the County may after written notice to the registrant,
perform such restoration using County employees, agents or contractors, and charge all costs
of the restoration against the registrant in accordance with Fla. Stat. § 337.402 and require
reimbursement within 30 days after the submission of the bill by the County to the
registrant.
(h) Removal or relocation at the direction of the County of a registrant's communications
facility in public rights-of-way shall be governed by the provisions of Fla. Stat. §§ 337.403
and 337.404.
(i) A permit from the County constitutes authorization to undertake only certain activities on
public rights-of-way in accordance with this Article, and does not create a property right or
grant authority to impinge upon the rights of others who may have an interest in the public
rights-of-way.
(j) A registrant shall maintain its communications facility in public rights-of-way in a manner
consistent with accepted industry practice and applicable law.
(k) In connection with excavation in the public rights-of-way, a registrant shall, where
applicable, comply with the Underground Facility Damage Prevention and Safety Act set
forth in Fla. Stat. ch. 556.
(l) A registrant shall place or maintain a communications facility in public rights-of-way in
compliance with all applicable standards as established by all local, State or Federal law and
in conformance with the County ordinances, codes and regulations. The registrant shall use
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and exercise due caution, care and skill in performing work in the public rights-of-way and
shall take all reasonable steps to safeguard work site areas.
(m) In the interest of the public's health, safety and welfare, upon request of the County, a
registrant shall coordinate placement or maintenance activities under a permit with any other
work, construction, installation or repairs that may be occurring or scheduled to occur within
a reasonable timeframe in the subject public rights-of-way. The County may require a
registrant to alter reasonably its placement or maintenance schedule for permitted work as
necessary so as to minimize disruptions and disturbance in the public rights-of-way. The
County may provide a more definite timeframe based on specific County construction or
maintenance schedules.
(n) A registrant shall not place or maintain its communications facilities so as to interfere,
displace, damage or destroy any facilities, including but not limited to, sewers, gas or water
mains, storm drains, pipes, cables or conduits of the County or any other person's facilities
lawfully occupying the public rights-of-way of the County.
(o) The County makes no warranties or representations regarding the fitness, suitability or
availability of public rights-of-way for the registrant's communications facilities and any
performance of work or costs incurred by the registrant or provision of services shall be at
the registrant's sole risk. Nothing in this Article shall affect the County's authority to add,
vacate or abandon public rights-of-way and the County makes no warranties or
representations regarding the availability of any added, vacated or abandoned public rights-
of-way for communications facilities.
(p) The County shall have the right to make such inspections of facilities placed or maintained
in public rights-of-way as it finds necessary to ensure compliance with this Article. In the
event the County determines that a violation exists with respect to the registrant's placement
or maintenance of facilities in the public rights-of-way that is not considered to be an
emergency or danger to the public health, safety or welfare, the County will provide the
registrant no fewer than three (3) days written notice setting forth the violation and
requesting correction.
(q) A permit application to place a new or replace an existing communications facility in public
rights-of-way shall include plans showing the location of the proposed installation of
facilities in the public rights-of-way. If the plans so provided require revision based upon
actual installation, the registrant shall promptly provide revised as-built plans upon
completion of any installation or construction. The plans shall be in a digitized format
showing the two-dimensional location of the facilities based on the County's geographical
database, or other format acceptable to the County. The registrant shall provide such plans at
no cost to the County.
(r) The County reserves the right to place and maintain, and permit to be placed or maintained,
sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or
conduit, and to do, and to permit to be done, any underground and overhead installation or
improvement that may be deemed necessary or proper by the County in public rights-of-way
occupied by the registrant. The registrant may allow County facilities to be collocated within
the County's public rights-of-way through the use of a joint trench during the registrant's
construction project. Such joint trench projects shall be negotiated in good faith by separate
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agreement between the registrant and County and may be subjected to other County rights-
of-way requirements. The County further reserves without limitation the right to alter,
change, or cause to be changed, the grading, installation, relocation or width of the public
rights-of-way within the limits of the County and within said limits as same may from time
to time be altered.
(s) A registrant shall, on the request of any person holding a permit issued by the County,
temporarily support, protect, raise or lower its communications facilities to permit the work
authorized by the permit. The expense of such temporary support, protection, raising or
lowering of facilities shall be paid by the person requesting the same, and the registrant shall
have the authority to require such payment in advance. The registrant shall be given not less
than 30 days advance written notice to arrange for such temporary relocation. If the County
requests the temporary support, protection, raising or lowering of a facility for a public
purpose, the County shall not be charged for the temporary support, protection, raising or
lowering of the facility.
(t) A wireless facility that is a portion of a communications facility, such as an antenna
(wireless facility) which is attached to a legally maintained vertical structure in the public
rights-of-way, such as a light pole or utility pole (vertical structure), shall be subject to the
following criteria:
(1) Such wireless facilities may not extend more than five feet above the highest point of the
vertical structure;
(2) Such wireless facilities that are attached to a vertical structure located in the public
rights-of-way shall, where practicable, be flush mounted to the vertical structure;
(3) Such wireless facilities shall not have any type of lighted signal, lights or illuminations,
and if such illuminations are required by an applicable Federal, State or local rule,
regulation or law, the wireless facility is not permitted at that location;
(4) Such wireless facilities shall comply with any applicable Federal Communications
Commission Emissions Standards;
(5) The design, construction and installation of such wireless facilities shall comply with
the Florida Building Code and applicable Land Development Regulations( LDRs)
(6) No advertising shall be allowed on such wireless facilities; and
(7) No accessory equipment and related housing that is not attached to the vertical structure
shall be permitted in the public rights-of-way that are used in conjunction with such a
wireless facility.
(u) Vertical structures, such as towers, whose purpose is to serve as a mounting device for
antennas, are expressly prohibited from being placed in the public rights-of-way and this
Article shall supercede all applicable zoning and land use laws or regulations inconsistent
with this Article.
(4) Suspension of permits; denial of subsequent permit applications.
(a) Subject to Subsection 19-36(b)(5) and to providing reasonable notice and an opportunity to
cure the violation, the engineering director or designee may suspend a permit issued or deny
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an application for a subsequent permit to a registrant for work in the public rights-of-way for
one (1) or more of the following:
(1) Failure to satisfy permit conditions, or conditions set forth in this Article or other
applicable County ordinances, codes or regulations governing placement or
maintenance of communications facilities in public rights-of-way, including without
limitation, failure to take reasonable safety precautions to alert the public of work at the
work site, or to restore any public rights-of-way;
(2) Misrepresentation or fraud by a registrant in a registration or permit application to the
County;
(3) Failure to properly renew a registration or the insufficiency of a registration;
(4) Failure to relocate or to remove facilities as may be lawfully required by the County.
(b) After the suspension or denial of a permit pursuant to this section, the County shall provide
written notice of the reason to the registrant.
(5) Appeals relating to Communication Facilities.
(a) Final written decisions of the engineering director or designee suspending or denying a
permit, denying an application for a registration or denying an application for renewal of a
registration are subject to appeal as set forth in this Article. An appeal must be filed with the
County within 30 days of the date of the final written decision to be appealed. Any appeal
not timely filed as set forth in this section shall be waived. Nothing in this Article shall
affect or limit the remedies the County has available under applicable law.
(6) Conditional use of public rights-of-way.
(a) In the event the registrant desires to use its existing facilities or to construct new facilities
for the purpose of providing other utility or nonutility services to existing or potential
consumers or resellers, by providing any other services other than the provision of
communications service, or for providing any other use to existing or potential consumers, a
registrant shall seek such additional and separate authorization from the County for such
activities as may be required by applicable law.
(b) To the extent that any person or registrant leases or otherwise uses the facilities of a person
that is duly registered or otherwise authorized to place or maintain facilities in the public
rights-of-way of the County, such person or registrant shall make no claim, nor assert any
right, which will impede the lawful exercise of the County's rights, including requiring the
removal of such facilities from the public rights-of-way of the County, regardless of the
effect on the registrant's ability to place or maintain its own communications facilities in
public rights-of-way of the County.
(7) Termination of registration.
(a) The involuntary termination of a previously effective registration may only be accomplished
by an action of the Board of County Commission. The County may declare the registration
terminated and revoke and cancel all privileges granted under that registration if:
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(1) A Federal or Florida authority suspends, denies, or revokes a registrant's certification or
license to provide communications service;
(2) The registrant's placement and maintenance in the public rights-of-way present a danger
to the general public or other users of the public rights-of-way; or
(3) The registrant abandons all of its communications facilities in the public rights-of-way.
(b) Prior to such termination for any of the reasons set forth in this section, the engineering
director or designee shall notify the registrant in writing setting forth the matters pertinent to
such reasons and describing the proposed action of the County with respect thereto. The
registrant shall have 60 days after receipt of such notice within which to cure the violation,
or within which to present a plan, satisfactory to the Board of County Commission, to
accomplish the same.
(c) In the event of a vote by the Board of County Commission to terminate the registration, the
registrant shall, within a reasonable time following such termination, provide an acceptable
plan for transferring ownership of the communications facilities to another person in
accordance with this Article or shall remove or abandon the facilities and take such steps as
are necessary to render every portion of the facilities remaining in the public rights-of-way
of the County safe. If the registrant has either abandoned its facilities or chooses to abandon
its facilities, the County may either:
(1) Require the registrant or the registrant's bonding company to remove some or all of the
facilities from the public rights-of-way and restore the public rights-of-way to its
condition immediately prior to the removal;
(2) Require that some or all of the facilities be removed and the public rights-of-way
restored to its condition immediately prior to the removal at the registrant's expense,
using County employees, agents or contractors, and charge any and all costs to the
registrant and require reimbursement; or
(3) Utilize or allow other persons to utilize the registrant's abandoned facilities.
The obligations of the registrant hereunder shall survive the termination of a registration. In the
event of a declaration of termination of registration, this provision does not permit the County to
cause the removal of any facilities that are used to provide another service for which the
registrant holds a valid certification or license with the governing Federal or State agency, where
required, and is properly registered with the County, for such certificated service, where
required.
(8) Transfer of control, sale or assignment of assets.
(a) If a registrant transfers, sells or assigns its registration or its facilities in the public rights-of-
way, incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer
or assignee shall be obligated to comply with the terms of this Article. Written notice of any
such transfer, sale or assignment shall be provided to the County within 20 days of the
effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a
current registrant, then the transferee, buyer or assignee is not required to re-register. If the
transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee
shall register as provided in Section 19-36(b)(2) within 60 days of the transfer, sale or
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assignment. If permit applications are pending in the registrant's name, the transferee, buyer
or assignee shall notify the appropriate County officials that the transferee, buyer or assignee
is the new applicant.
(b) Any mortgage, pledge, lease or other encumbrance on the communications facilities shall be
subject and subordinate to the rights of the County under this Article and applicable law.
(9) Enforcement remedies.
Failure of the County to enforce any requirements of this Article shall not constitute a
waiver of the County's right to enforce that violation or subsequent violations of the same type or
to seek appropriate enforcement remedies.
(10) Reports and records; inspections.
(a) A registrant shall provide the following documents to the County as received or filed:
(1) Upon reasonable request, any pleadings, petitions, notices, and documents which may
directly impact the obligations under this Article and which are reasonably necessary
for the County to protect its interests under this Article.
(2) Any request for protection under bankruptcy laws, or any judgment related to a
declaration of bankruptcy.
(b) Nothing in this Section shall affect the remedies the registrant has available under applicable
law.
(c) In addition, the County may, at its option, and upon reasonable notice to the registrant,
inspect the facilities in the public rights-of-way to ensure the safety of its residents.
(d) The County shall keep any documentation, books and records of the registrant confidential
to the extent required under law.
SECTION 2: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 3: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 4: 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 5: 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 ___________, 2016.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNOctober 19, 2016 at 3:00
that on
P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas
Highway, Marathon, Monroe County, Florida
, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 19-36
OF THE MONROE COUNTY CODE; PROVIDING FOR
DEFINITIONS FOR COMMUNICATION FACILITIES,
COMMUNICATION SERVICES AND COMMUNICATION
SERVICES PROVIDER AND TERMS RELATED THERETO;
PROVIDING FOR ADDITIONAL RULES AND
REGULATIONS OF PUBLIC AND PRIVATE UTILITIES
-OF-WAY INCLUDING
COMMUNICATION FACILITIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled
nd
Dated at Key West, Florida, this 22 day of September, 2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Mo) 9/26/16
Keynoter (Wed) 9/28/16
Reporter (Fr) 9/30/16
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